South Carolina General Assembly
115th Session, 2003-2004
Journal of the House of Representatives

Wednesday, April 28, 2004
(Statewide Session)

Indicates Matter StrickenIndicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Psalm 142:3: "When my spirit is faint, You know my way."
Let us pray. Almighty God, come to our aid in times of need and weariness. For the husband of Shirley Garrick, we ask that You will touch him with Your healing and comfort Shirley in these difficult days. Uphold us to do the work before us. Give strength and wisdom to those who are charged with the responsibility of leadership in this body. Bless and preserve our State and Nation, guiding those in seats of power to remember this comes from You. Give our defenders of freedom Your protection and keep them safe in danger. Care for those at home. We ask all this in Your name. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. CEIPS moved that when the House adjourns, it adjourn in memory of Belle Heape of Beaufort, which was agreed to.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 2909
Agency: Department of Labor, Office of State Fire Marshal
Statutory Authority: 1976 Code Section 23-36-80
Adoption of National Explosives Standards
Received by Speaker of the House of Representatives
April 27, 2004
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration August 25, 2004 (Subject to Sine Die Revision)

CONCURRENT RESOLUTION

The following was introduced:

H. 5184 (Word version) -- Reps. Neilson, J. Hines and Lucas: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. RICHARD L. "DICK" BEASLEY OF DARLINGTON COUNTY FOR HIS OUTSTANDING AND DEDICATED SERVICE TO THE CITIZENS OF DARLINGTON COUNTY.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1197 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION TO CONGRATULATE IRVIN D. PARKER UPON THE OCCASION OF HIS RETIREMENT FROM THE STATE ACCIDENT FUND AFTER TWENTY-NINE YEARS OF DEDICATED SERVICE TO THE STATE AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN ALL OF HIS FUTURE ENDEAVORS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1203 (Word version) -- Senators Patterson and Jackson: A CONCURRENT RESOLUTION TO SHOW APPRECIATION TO DOC MCKENZIE FROM LAKE CITY, SOUTH CAROLINA, FOR ALL OF HIS SERVICES AND FOR BEING A POSITIVE INFLUENCE IN THE LIVES OF THE MANY PEOPLE WITH WHOM HE HAS COME IN CONTACT IN THIS STATE AND NATION.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

H. 5185--ADOPTED AND SENT TO SENATE

The following was introduced:

H. 5185 (Word version) -- Reps. Wilkins, W. D. Smith, Chellis, Harrison, Cato, Harrell, Townsend, Witherspoon, J. Brown and Bingham: A CONCURRENT RESOLUTION TO ADOPT A JOINT RULE OF THE SENATE AND HOUSE OF REPRESENTATIVES FOR THE 2004 SESSION OF THE GENERAL ASSEMBLY SO AS TO PROHIBIT AN AMENDMENT FROM BEING OFFERED TO A BILL OR RESOLUTION UNLESS ITS SUBSTANTIAL EFFECT OR IMPACT RELATES TO THE BILL OR RESOLUTION.

Be it resolved by the House of Representatives, the Senate concurring:

That the following rule is adopted as a Joint Rule of the Senate and House of Representatives for the 2004 Session of the General Assembly:

"Rule 1

An amendment in either house of the General Assembly may not be offered to a bill or resolution unless its substantial effect or impact relates to the subject of the bill or resolution to be amended. The subject of the bill or resolution is defined as any matter falling within the specific intent, purpose, or proposition described in the title of the bill or resolution as first introduced in the originating house of the General Assembly. Provided, that this rule supercedes any conflicting rules or resolutions adopted by either house of the General Assembly."

Rep. CHELLIS explained the Resolution.

The question then recurred to the adoption of the Resolution.

Rep. SCOTT demanded the yeas and nays, which were not ordered.

The Concurrent Resolution was adopted and sent to the Senate.

INTRODUCTION OF BILLS

The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 5186 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR A ONE AND ONE-HALF MILL INCREASE IN THE LEVY OF TAXES FOR DEBT SERVICE AND A ONE AND ONE-HALF MILL INCREASE IN THE LEVY OF TAXES FOR THE GENERAL FUND IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2004, AND ENDING JUNE 30, 2005.
On motion of Rep. HAYES, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 1025 (Word version) -- Senators Richardson and Pinckney: A BILL TO AMEND CHAPTER 3, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-3-700, SO AS TO PROVIDE THAT THE STATE PORTS AUTHORITY IS NOT REQUIRED TO OPERATE A MARINE TERMINAL AT PORT ROYAL, AND TO PROVIDE FOR THE CESSATION OF TERMINAL OPERATIONS, THE SALE OF PROPERTY AT FAIR MARKET VALUE, AND FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF THE PROPERTY.
Referred to Committee on Ways and Means

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

The SPEAKER granted Rep. W. D. SMITH a temporary leave of absence due to attending a funeral.

DOCTOR OF THE DAY

Announcement was made that Dr. John Eady of Columbia is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Reps. M. A. PITTS, PARKS and PINSON presented to the House the Ninety Six High School Girls Volleyball Team, the Division 1-A Champions, and their coaches and other school officials.

SPECIAL PRESENTATION

Rep. LITTLEJOHN presented to the House Robert Wayne "Robbie" Cooksey of Spartanburg for his achievements in wrestling.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added.A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:

S. 1173 (Word version) -- Senator Ritchie: A JOINT RESOLUTION TO AUTHORIZE THE CITY OF SPARTANBURG TO RELOCATE A STATUE OF REVOLUTIONARY WAR HERO GENERAL DANIEL MORGAN ONE HUNDRED FIFTY-FOUR FEET TO THE CENTER OF MORGAN SQUARE.

H. 5115 (Word version) -- Reps. Dantzler and Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-34 SO AS TO MAKE IT UNLAWFUL TO HUNT MIGRATORY WATERFOWL IN CERTAIN COVES ON LAKE MARION AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Rep. RHOAD explained the Bill.

H. 5177--DEBATE ADJOURNED

Rep. D. C. SMITH moved to adjourn debate upon the following Bill, which was adopted:

H. 5177 (Word version) -- Rep. Clyburn: A BILL TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THE TRUSTEES OF THE EDGEFIELD COUNTY SCHOOL DISTRICT ARE ELECTED AND DESIGNATE A MAP NUMBER ON WHICH THESE ELECTION DISTRICTS ARE DELINEATED.

SENT TO THE SENATE

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:

H. 5130 (Word version) -- Reps. E. H. Pitts, Huggins and McLeod: A BILL TO PROVIDE THAT FOR THE LEXINGTON COUNTY RESIDENT MEMBER OF THE BOARD OF TRUSTEES OF LEXINGTON-RICHLAND SCHOOL DISTRICT FIVE WHO TAKES OFFICE AFTER RECEIVING THE THIRD HIGHEST NUMBER OF VOTES IN THE GENERAL ELECTION OF 2004, FROM THOSE MEMBERS ELECTED FROM LEXINGTON COUNTY, THE TERM OF OFFICE IS FOR TWO YEARS AND UNTIL HIS SUCCESSOR ELECTED IN THE GENERAL ELECTION OF 2006 TAKES OFFICE.

H. 4821 (Word version) -- Reps. Hayes, Battle, G. Brown, J. Hines, Jennings, Keegan and Richardson: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS, BY, AMONG OTHER THINGS, TO PROVIDE THAT A BACHELOR OF ARTS OR BACHELOR OF SCIENCE DEGREE IS REQUIRED FOR LICENSURE, TO ESTABLISH LICENSURE BY ENDORSEMENT, TO CLARIFY THAT THERAPEUTICALLY-CERTIFIED OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION, TO PROVIDE THAT BY SEPTEMBER 30, 2007, ALL LICENSED OPTOMETRISTS MUST BE LICENSED AS THERAPEUTICALLY-CERTIFIED OPTOMETRISTS, AND TO PROVIDE TRANSITION PROVISIONS.

H. 5085 (Word version) -- Reps. Cotty, Bales, Battle, Chellis, Frye, Herbkersman, Littlejohn, G. R. Smith and Snow: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A RESIDENT FULL-YEAR INDIVIDUAL TAXPAYER TO DEDUCT FROM SOUTH CAROLINA TAXABLE INCOME AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS OF UNREIMBURSED EXPENSES INCURRED BY THE TAXPAYER IN THE DONATION, WHILE LIVING, OF ONE OR MORE OF THE TAXPAYER'S ORGANS TO ANOTHER HUMAN BEING FOR HUMAN ORGAN TRANSPLANTATION AND TO PROVIDE DEFINITIONS AND THOSE EXPENSES THAT QUALIFY FOR THE DEDUCTION.

H. 3989 (Word version) -- Reps. Rhoad and Witherspoon: A BILL TO AMEND SECTION 50-5-1506, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISHING FOR SHAD FOR COMMERCIAL PURPOSES IN THE ATLANTIC OCEAN, SO AS TO CLOSE THE SEASON, AND TO PROVIDE THAT THERE BE NO LAWFUL TIMES, METHODS, AND EQUIPMENT, OR SIZE AND TAKE LIMITS FOR SHAD IN THE ATLANTIC OCEAN BEGINNING JULY 1, 2004.

H. 4310 (Word version) -- Reps. McLeod and Mahaffey: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR HOMES WHICH QUALIFY AS A PRIMARY OR SECONDARY RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAX, SO AS TO INCLUDE TRAILERS USED FOR CAMPING AND RECREATIONAL TRAVEL PULLED BY A MOTOR VEHICLE.

H. 4481 (Word version) -- Reps. Ceips, Harvin, Altman, G. M. Smith, Vaughn, Weeks, Clark, Gilham, Walker, Duncan, Coates, Stille, Bailey, Haskins, Richardson, Mahaffey, Lourie, Loftis, Lloyd, Leach, Keegan, Hinson, Herbkersman, Young, Wilkins, Umphlett, Snow, J. E. Smith, Skelton, Scarborough, Sandifer, Rivers, M. A. Pitts, Harrell, Edge, Cotty, G. Brown, Chellis, J. Brown and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 79 IN TITLE 2, ENACTING THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT ACT SO AS TO ESTABLISH AND PROVIDE FOR THE MEMBERSHIP, POWER, AND DUTIES OF THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT COMMISSION, FOR THE PURPOSE OF ENHANCING THE VALUE OF MILITARY FACILITIES LOCATED IN THIS STATE AND ASSISTING DEFENSE COMMUNITIES WITH SUCH VALUE ENHANCEMENT, TO ESTABLISH THE SOUTH CAROLINA MILITARY VALUE REVOLVING LOAN ACCOUNT TO PROVIDE LOANS TO ASSIST DEFENSE COMMUNITIES TO ENHANCE THE VALUE OF MILITARY FACILITIES, AND TO PROVIDE FOR OTHER METHODS AND INCENTIVES TO ACCOMPLISH THESE PURPOSES, INCLUDING SALE OR LEASE OF STATE PROPERTY AND DISCOUNTED UTILITY RATES, AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 53 IN TITLE 11, ENACTING THE SOUTH CAROLINA MILITARY VALUE ENHANCEMENT BOND ACT, SO AS TO AUTHORIZE TWENTY-FIVE MILLION DOLLARS IN STATE GENERAL OBLIGATION BONDS FOR FUNDING OF THE SOUTH CAROLINA MILITARY VALUE REVOLVING LOAN ACCOUNT IN ORDER TO PROVIDE ASSISTANCE TO DEFENSE COMMUNITIES IN THIS STATE TO ENHANCE THE VALUE OF MILITARY FACILITIES LOCATED IN THIS STATE.

H. 4906 (Word version) -- Reps. Thompson, Scarborough and Neilson: A BILL TO AMEND SECTION 11-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL RESERVE FUND, SO AS TO MAKE REFERENCE TO INCREASES IN THE AMOUNT REQUIRED IN THE GENERAL RESERVE FUND PURSUANT TO THE REQUIREMENTS OF THE STATE CONSTITUTION AND TO MAKE THIS AMENDMENT EFFECTIVE BEGINNING ON THE RATIFICATION OF AN AMENDMENT TO THE CONSTITUTION OF THIS STATE PROVIDING THOSE CIRCUMSTANCES WHICH RESULT IN AN INCREASE IN THE GENERAL RESERVE FUND.

H. 4758 (Word version) -- Reps. Richardson, Simrill, Altman, Bales, Battle, Emory, Kirsh, Lee, Littlejohn, McCraw, McGee, Owens, Scarborough, Vaughn and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 42 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF CAROLINA PANTHERS SPECIAL LICENSE PLATES.

H. 4800 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-5-2942, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMMOBILIZATION OF A MOTOR VEHICLE AFTER A PERSON IS CONVINCED OF CERTAIN ALCOHOL RELATED OFFENSES, SO AS TO PROVIDE THAT A VEHICLE MUST BE IMMOBILIZED AFTER THE DEPARTMENT OF MOTOR VEHICLES RECEIVES A CONVICTION OF A PERSON FOR A VIOLATION OF CERTAIN ALCOHOL RELATED OFFENSES INSTEAD OF AFTER THE PERSON IS SENTENCED; TO DELETE THE PROVISION THAT REQUIRES THE COURT TO ASCERTAIN THE REGISTRATION NUMBER OR OTHER INFORMATION TO DETERMINE THE IDENTITY OF A VEHICLE TO BE IMMOBILIZED, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL IDENTIFY ALL VEHICLES WHOSE REGISTRATIONS MUST BE SUSPENDED PURSUANT TO THIS SECTION, TO DELETE THE PROVISION THAT CREATES THE CRIME OF FALSIFYING A REPORT CONCERNING VEHICLES OWNED BY OR REGISTERED TO A PERSON, TO DELETE THE PROVISION THAT REQUIRES THE COURT TO ASSESS A FEE OF FORTY DOLLARS FOR EACH VEHICLE OWNED BY OR REGISTERED TO A PERSON CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF CERTAIN ALCOHOL RELATED OFFENSES, AND TO PROVIDE THAT A FEE OF FIFTY DOLLARS MUST BE PAID TO THE DEPARTMENT OF MOTOR VEHICLES FOR EACH VEHICLE THAT WAS SUSPENDED PURSUANT TO THIS SECTION BEFORE A SUSPENDED REGISTRATION AND LICENSE PLATE MAY BE REINSTATED.

H. 4802 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-1-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REINSTATEMENT OF A PERMANENTLY REVOKED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A PERSON WHOSE DRIVER'S LICENSE HAS BEEN REVOKED PERMANENTLY MAY PETITION THE CIRCUIT COURT FOR REINSTATEMENT OF HIS DRIVER'S LICENSE IN THE COUNTY IN WHICH HIS MOST RECENT CONVICTION FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE OCCURRED IF THE CONVICTION OCCURRED IN THIS STATE OR IN HIS COUNTY OF RESIDENCE IF THE CONVICTION OCCURRED IN ANOTHER STATE, TO PROVIDE THAT THIS PROCEEDING MUST INCLUDE THE SOLICITOR AND THE DIRECTOR OF THE DEPARTMENT OF MOTOR VEHICLES, OR THEIR DESIGNEES, TO PROVIDE THAT THE COURT MAY NOT ORDER THE REINSTATEMENT OF A PERSON'S DRIVER'S LICENSE IF THE PERSON HAS CHARGES PENDING AGAINST HIM AND HAS NOT COMPLETED SUCCESSFULLY AN ALCOHOL OR DRUG ASSESSMENT AND TREATMENT PROGRAM SINCE HIS MOST RECENT ALCOHOL OR DRUG OFFENSE; TO AMEND SECTION 56-1-465, RELATING TO NOTIFICATION OF SUSPENSION OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE FORM OF THE NOTIFICATION SHALL BE THE SAME AS CONTAINED IN SECTION 56-1-360 INSTEAD OF THE NOTIFICATION REQUIRED WHEN A LICENSE IS SUSPENDED DUE TO A LOSS OF POINTS; TO AMEND SECTION 56-1-510, RELATING TO THE UNLAWFUL USE OF A DRIVER'S LICENSE AND THE FRAUDULENT APPLICATION FOR A DRIVER'S LICENSE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DISPLAY OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CARD; TO AMEND SECTION 56-1-515, RELATING TO THE UNLAWFUL ALTERATION OF A DRIVER'S LICENSE, SALE OR ISSUANCE OF A FICTITIOUS DRIVER'S LICENSE, OR USE OF ANOTHER PERSON'S DRIVER'S LICENSE, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO PRODUCE OR POSSESS A COUNTERFEIT DRIVER'S LICENSE OR IDENTIFICATION CARD; TO AMEND SECTION 56-1-810, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE DUE TO THE ACCUMULATION OF SUFFICIENT POINTS TO WARRANT THE SUSPENSION OF THE LICENSE, SO AS TO DELETE THE PROVISION THAT REQUIRES THE DEPARTMENT OF MOTOR VEHICLES TO NOTIFY THE LICENSEE, RETURN RECEIPT REQUESTED, AND TO PROVIDE THAT NOTIFICATION OF THE SUSPENSION MUST BE DONE AS CONTAINED IN SECTION 56-1-360; TO AMEND SECTION 56-1-1100, AS AMENDED, RELATING TO PUNISHMENT FOR A PERSON WHO IS FOUND TO BE A HABITUAL OFFENDER AND WHO SUBSEQUENTLY IS CONVICTED OF OPERATING A MOTOR VEHICLE WHILE THE DECISION OF THE DEPARTMENT OF MOTOR VEHICLES PROHIBITING THE OPERATION OF A MOTOR VEHICLE IS IN EFFECT, SO AS TO PROVIDE THAT THE COURT AND NO LONGER THE DEPARTMENT SHALL NOTIFY THE SOLICITOR OR THE ATTORNEY GENERAL WHEN A PERSON IS FOUND TO BE A HABITUAL OFFENDER; AND TO REPEAL SECTION 56-1-475, RELATING TO PERMITTING A DRIVER TO OPERATE A MOTOR VEHICLE IN THIS STATE WITH A VALID OUT-OF-STATE LICENSE AFTER THE EXPIRATION OF THE PERIOD OF TIME FOR WHICH HIS SOUTH CAROLINA DRIVER'S LICENSE WAS SUSPENDED.

H. 5101 (Word version) -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-117 SO AS TO PROVIDE A DEFINITION FOR THE TERM "LOW SPEED VEHICLES", TO PROVIDE THAT THESE VEHICLES MAY BE OPERATED ON CERTAIN SECONDARY ROADS, TO ALLOW LOCAL GOVERNMENTS TO REGULATE THE SPEED OF THESE VEHICLES, AND TO PROVIDE THAT THEY MUST MEET CERTAIN FEDERAL REGULATIONS, MUST BE CERTIFIED ROAD WORTHY AND MUST BE REGISTERED.

H. 5161 (Word version) -- Reps. Limehouse, Whipper, Altman, Breeland, R. Brown, Hagood and Scarborough: A JOINT RESOLUTION TO PROVIDE THAT THE PROVISIONS CONTAINED IN PARAGRAPH 4, SECTION 3 OF ACT 956 OF 1938 WHICH PROVIDE FOR THE SELECTION OF COMMISSIONERS FOR THE HOUSING AUTHORITY FOR THE CITY OF CHARLESTON NO LONGER APPLY TO THAT HOUSING AUTHORITY, AND TO PROVIDE THAT THE HOUSING AUTHORITY'S COMMISSIONERS MUST BE SELECTED AS PROVIDED BY LAW.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:

S. 898 (Word version) -- Senators J. V. Smith, Fair, Knotts, Thomas, Martin, Land, Moore and Alexander: A BILL TO AMEND CHAPTER 33, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF THE NURSING PROFESSION, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION INCLUDING, BUT NOT LIMITED TO, INCREASING THE BOARD MEMBERSHIP FROM NINE TO TEN BY ADDING A LAY PERSON, TO CODIFY AND FURTHER SPECIFY THE REQUIREMENTS FOR LICENSURE AND SCOPE OF PRACTICE FOR A NURSE PRACTITIONER, CERTIFIED NURSE-MIDWIFE, CLINICAL NURSE SPECIALIST, AND CERTIFIED REGISTERED NURSE ANESTHETIST, TO FURTHER SPECIFY LICENSURE AND EXAMINATION PROCEDURES, TO PROVIDE PROCEDURES AND REQUIREMENTS FOR EXPANDED PRACTICE IN NURSING, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE NURSING PROFESSION.

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:

S. 45 (Word version) -- Senators Elliott and Reese: A BILL TO AMEND SECTION 12-37-2725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CANCELLATION OF A MOTOR VEHICLE LICENSE PLATE AND REGISTRATION FOR A REFUND OR CREDIT OF PROPERTY TAXES PAID ON THE VEHICLE TO ANOTHER, SO AS TO PROVIDE THAT THE LESSEE OF A MOTOR VEHICLE WHO ASSIGNS THE LEASE OR SURRENDERS THE LEASED VEHICLE TO THE LESSOR IS ELIGIBLE FOR A CREDIT OR REFUND ON PROPERTY TAXES PAID IF THE TERMS OF THE LEASE MADE THE LESSEE PRIMARILY LIABLE FOR THE PROPERTY TAX AND THE LESSEE IN FACT PAID THE TAX.

S. 658 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 14-25-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND TERMS OF MUNICIPAL JUDGES, SO AS TO ESTABLISH A SET TERM OF FOUR YEARS RATHER THAN A TERM SET BY THE COUNCIL OF THE MUNICIPALITY NOT TO EXCEED FOUR YEARS.

H. 3881--DEBATE ADJOURNED

The following Bill was taken up:

H. 3881 (Word version) -- Reps. G. M. Smith, Allen, Coleman, Delleney, Lucas, Rivers, Sheheen, F. N. Smith, J. E. Smith, Talley and Weeks: A BILL TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO INCLUDE MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD, MEMBERS OF THE SOUTH CAROLINA STATE GUARD, PERSONS ACTING ON BEHALF OR IN SERVICE OF A GOVERNMENTAL UNIT WITHOUT PAY OR COMPENSATION, COURT-APPOINTED ATTORNEYS, AND PUBLIC DEFENDERS IN THE DEFINITION OF "EMPLOYEE".

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7271AHB04):
Amend the bill, as and if amended, Section 15-78-30(c), as contained in SECTION 1, by adding at the end:
/ For the purposes of this chapter, court-appointed attorneys and public defenders are considered employees of the State and not of the county in which they serve. /
Renumber sections to conform.
Amend title to conform.

Rep. DELLENEY explained the amendment.

Rep. DELLENEY moved to adjourn debate on the Bill, which was agreed to.

S. 496--DEBATE ADJOURNED

Rep. FRYE moved to adjourn debate upon the following Bill until Thursday, April 29, which was adopted:

S. 496 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 47-5-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES INOCULATIONS, CERTIFICATES, TAGS, AND FEES, SO AS TO INCREASE THE FEE FROM THREE DOLLARS TO FIVE DOLLARS FOR A RABIES INOCULATION AT A RABIES CLINIC PROMOTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND LICENSED VETERINARIANS.

H. 4996--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4996 (Word version) -- Reps. Bowers and Rhoad: A BILL TO AMEND SECTION 50-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE IMPORTATION OF CERTAIN WILDLIFE INTO THIS STATE WITHOUT A PERMIT FROM THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE THAT NO PERSON MAY RELEASE A NONDOMESTIC MEMBER OF THE SUIDAE (PIG) FAMILY INTO THE WILD, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT THE PERSON IS FINANCIALLY RESPONSIBLE FOR ANY ECONOMIC OR OTHER DAMAGE CAUSED AS A RESULT OF THE RELEASE.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21205SD04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 50-16-25 of the 1976 Code, as last amended by Act 458 of 1992, is further amended by adding:

"Section 50-16-25. It is unlawful to release or transport for the purpose of release a member of the family Suidae (pig) for hunting purposes or in an attempt to establish or supplement a free roaming population."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. FRYE explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 5111--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 5111 (Word version) -- Reps. Witherspoon, Frye, McLeod, Coleman, Bailey, Martin, Townsend, Sinclair, Barfield, Cobb-Hunter, Rutherford, Mack, Rhoad, Ott, Duncan, J. H. Neal, Emory, J. M. Neal, Whitmire, Thompson, Cooper, Anthony, Bales, Bowers, R. Brown, Clemmons, Coates, Davenport, Freeman, Govan, Herbkersman, J. Hines, Hosey, Jennings, Keegan, Kennedy, Koon, Lee, Limehouse, Loftis, Neilson, Pinson, M. A. Pitts, Rivers, Sandifer, F. N. Smith, G. M. Smith, Snow, Talley, Taylor, Toole, Umphlett, Weeks, Whipper and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA DAIRY STABILIZATION ACT", TO ESTABLISH THE SOUTH CAROLINA MILK BOARD, TO PROVIDE FOR ITS MEMBERS, PROCEDURES FOR THEIR APPOINTMENT AND FOR THEIR POWERS AND DUTIES; TO PROVIDE THAT THE BOARD'S PRIMARY DUTY IS TO ESTABLISH A FAIR MARKET BREAKEVEN PRICE FOR PRODUCERS OF MILK AND EXERCISE GENERAL SUPERVISION OVER THE MILK INDUSTRY IN THIS STATE; TO PROVIDE THAT THE BOARD MUST BE LOCATED IN THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE; TO AUTHORIZE THE BOARD TO ENTER INTO COMPACTS FOR A UNIFORM SYSTEM OF MILK CONTROL, TO CONDUCT INVESTIGATIONS AND MEDIATE AND ARBITRATE MILK DISPUTES, TO ISSUE RULES, ORDERS, AND FAIR MARKET BREAKEVEN MILK PRICES, TO SPECIFY CONDITIONS UNDER WHICH FEES MAY BE COLLECTED WHEN MILK DROPS BELOW THE FAIR MARKET BREAKEVEN PRICE SET BY THE BOARD, AND TO PROVIDE FOR THE COLLECTION AND DISBURSAL OF THESE FEES; TO REQUIRE LICENSURE IN ORDER TO OPERATE AS A MILK BUYER; TO AUTHORIZE THE BOARD TO DEVELOP A SYSTEM OF ACCOUNTING FOR BUYERS OF MILK AND TO SANCTION THOSE BUYERS WHO DO NOT USE THE SYSTEM; AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS CHAPTER.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10221STD04):
Amend the bill, as and if amended, Section 39-34-30, as contained in SECTION 1, page 2, by striking items (3) and (4) and inserting:

/(3) 'Buyer' means a person who purchases, markets, or handles fluid milk directly from a South Carolina producer.

(4) 'Fluid milk' means all milk produced in this State. /
Amend the bill further, Section 39-34-30, as contained in SECTION 1, page 2, by adding a new item (19) to read:

(c) the over-order premium paid by the buyer. /
Amend the bill further, by striking Section 39-34-40(A) and (B), pages 3 and 4, and inserting:

/ (A) There is created the South Carolina Milk Board consisting of thirteen members, all of whom must be residents of this State; six members must be producers of milk actively engaged in dairy production at the time of selection and throughout the member's term, three of whom must be appointed by the Chairman of the Senate Agriculture and Natural Resources Committee and three appointed by the Chairman of the House of Representatives Agriculture, Natural Resources and Environmental Affairs Committee; two members must be consumers, one of whom must be appointed by the Chairman of the Senate Agriculture and Natural Resources Committee and one appointed by the Chairman of the House of Representatives Agriculture, Natural Resources and Environmental Affairs Committee; two members must be retailers, one of whom must be appointed by the Chairman of the Senate Agriculture and Natural Resources Committee and one appointed by the Chairman of the House of Representatives Agriculture, Natural Resources and Environmental Affairs Committee; two members must be processors, one of whom must be appointed by the Chairman of the Senate Agriculture and Natural Resources Committee and one appointed by the Chairman of the House of Representatives Agriculture, Natural Resources and Environmental Affairs Committee; and one consumer advocate appointed by the Governor. The consumer members must not have any connection financially, or otherwise, with the production or distribution of milk or products derived from milk.

(B) The primary duty of the South Carolina Milk Board is to establish a fair market breakeven price for producers and to exercise general supervision over the state milk industry, for the purpose of protecting the availability and affordability of fluid milk consumed in this State by monitoring the consumption and distribution of South Carolina produced milk. Other duties include the authority to mediate differences between producers, associations, and processors. /
Amend the bill further, page 5, by striking Section 39-34-50 in its entirety.
Amend the bill further, page 5, by striking Section 39-34-90, and inserting:

/ Section 39-34-90. The milk board is an instrumentality of the State, vested with the power to make, adopt, and enforce regulations and issue and enforce orders necessary to carry out the purposes of this chapter. Every order of the milk board must be posted for inspection in the main office of the milk board, and a certified copy filed in the office of the Commissioner of Agriculture. An order, applying only to a person or persons named in the order must be served on the person or persons affected by personal delivery of a certified copy, or by mailing a certified copy in a sealed envelope, with postage prepaid, to each person affected by the order or, in the case of a corporation, to an officer or agent of the corporation upon whom legal process may be served. The posting in the main office of the milk board of any order, not required to be served, and such filing in the office of the Commissioner of Agriculture, constitutes due and sufficient notice to all persons affected by the order. /
Amend the bill further, by striking Section 39-34-100(B) and inserting:

/ (B) Buyer fees must be collected on all fluid milk produced in this State, and these fees must be collected by the dairy cooperative and remitted to the State Treasurer to be placed in an account separate and distinct from the general fund and entitled the 'Dairy Producers Settlement Fund'. All buyer fees collected in a certain month must be disbursed, based on Class I fluid milk sales, to all producers in this State who sold or shipped milk in the month when prices fell below the fair market breakeven amount as determined by the milk board. /
Amend the bill further, page 7, by striking Sections 39-34-110 and 39-34-130.
Amend the bill further, page 7, by striking Section 39-34-140(A) and inserting:

/ (A) The South Carolina Milk Board shall prepare and promulgate a system of accounting designed to show for each buyer of fluid milk under the supervision of the milk board the total purchases of South Carolina milk by the buyer. The accounting system must be designed to show not only total purchases, but also the sales of milk sold in this State. Upon the promulgation of this system of accounting, each buyer of fluid milk under the supervision of the milk board shall adopt and use this system of accounting. Reports required and submitted under the terms of the Federal Milk Order must satisfy the accounting system requirements of this section. /
Amend the bill further by striking SECTION 2 and inserting:
/ SECTION 2. Chapter 34 of Title 39 of the 1976 Code, as added by this act, is repealed on July 1, 2011.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

H. 4901 (Word version) -- Reps. Ceips, Rivers, Gilham, Herbkersman and Lloyd: A BILL TO AMEND CHAPTER 3, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-3-700, SO AS TO PROVIDE THAT THE STATE PORTS AUTHORITY IS NOT REQUIRED TO OPERATE A MARINE TERMINAL AT PORT ROYAL, AND TO PROVIDE FOR THE CESSATION OF TERMINAL OPERATIONS, THE SALE OF PROPERTY AT FAIR MARKET VALUE, AND FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF THE PROPERTY.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3900DW04), which was adopted:
Amend the bill, as and if amended, Section 54-3-700, SECTION 1, by striking subsection (D) in its entirety and inserting:
/ (D) Any real or personal property at Port Royal which is to be sold must be first appraised and then sold at fair market value. The real property appraiser must be a State Certified General Real Estate Appraiser, an MAI, and must be knowledgeable in appraisal and in appraising marine terminal facilities. The appraisal of the real property should include its future development opportunities and those of the surrounding properties. The sale of the real property shall comply with all state procedures, must be approved by the Budget and Control Board, must be on an open-bid basis, and no bid may be accepted which is less than the property's fair market value as shown by the appraisal. All proceeds from the sale of real and personal property at Port Royal must be retained by the State Ports Authority; provided, however, that the Town of Port Royal shall have the right to petition the Budget and Control Board for a portion of the net proceeds from any sale and may be allocated a portion of these net proceeds in an amount not to exceed five percent of the net proceeds upon showing the allocation is necessary to pay for infrastructure needs directly associated with and necessitated by the closing of the port as Port Royal. These funds must be expended at the direction of the Town Council of Port Royal with the approval of the Budget and Control Board, solely for the infrastructure, and shall have priority over all other expenditures except usual and necessary closing costs attributable to any sales contracts./
Renumber sections to conform.
Amend title to conform.

Rep. MCGEE explained the amendment.
The amendment was then adopted.

Reps. RIVERS and McLEOD proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\12482AC04), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered Section to read:
/SECTION __. Section 54-3-150 of the 1976 Code is amended to read:

"Section 54-3-150. For the acquiring of rights-of-way and property necessary for the construction of terminal railroads and structures, including railroad crossings, airports, seaplane bases, naval bases, wharves, piers, ships, docks, quays, elevators, compresses, refrigerator storage plants, warehouses, and other riparian and littoral terminals and structures and approaches to them and transportation facilities needful for their convenient use and belt line roads and highways, causeways, and bridges and other bridges and causeways, and for the acquiring of property necessary for the river development project known as the Savannah River Project Below Augusta, and for the acquiring of property necessary for the development of a harbor or harbors within this State on the Savannah River, the authority may purchase them by negotiation or may condemn them. The power of eminent domain shall apply not only to all property of private persons or corporations but also as to property already devoted to public use."/
Renumber sections to conform.
Amend title to conform.

Rep. MCLEOD explained the amendment.

Rep. MCGEE spoke against the amendment.

Rep. MCGEE moved to table the amendment, which was agreed to.

The Bill, as amended, was read the second time and ordered to third reading.

H. 4440--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4440 (Word version) -- Reps. Limehouse, Clemmons, Altman and Bales: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF A MOTOR HOME AS REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXES AND THE REQUIREMENTS NECESSARY FOR THAT CLASSIFICATION, SO AS TO INCLUDE BOATS WITHIN THE CLASSIFICATION IF THEY MEET THE SAME REQUIREMENTS, AND TO PROVIDE A CAP ON THE MAXIMUM AD VALOREM TAXATION WHICH MAY BE LEVIED ON SUCH A BOAT FOR ANY YEAR.

Rep. QUINN proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\21213SD04):
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ___. Section 12-37-220(B) of the 1976 Code, as last amended by Act 69 of 2003, is further amended by adding an appropriately numbered item to read:

"( ) Beginning with calendar year 2004, the maximum amount of ad valorem taxation for any year which may be imposed on any boat and motor required to be registered, numbered, and titled under the laws of this State is one thousand five hundred dollars." /
Renumber sections to conform.
Amend title to conform.

(R272) H. 4912 (Word version) -- Rep. Miller: A JOINT RESOLUTION TO PROVIDE THAT FOR THE YEAR 2004 ONLY, THE SHAD SEASON IN GAME ZONE 9 IS EXTENDED UNTIL APRIL 15, 2004, EXCEPT THAT THE SHAD SEASON IN THE ATLANTIC OCEAN TERRITORIAL SEA IS NOT EXTENDED.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

R. 274, H. 4919--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R274) H. 4919 (Word version) -- Rep. Jennings: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 27, 2004, AND FEBRUARY 26 AND 27, 2004, BY THE STUDENTS OF SCHOOLS IN THE SCHOOL DISTRICT OF MARLBORO COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 2; Nays 0

Those who voted in the affirmative are:

Freeman Jennings

Total--2

Those who voted in the negative are:

Total--0

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

H. 4591--POINT OF ORDER

The Senate amendments to the following Bill were taken up for consideration:

H. 4591 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 50-11-565, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CROSSBOWS WHILE HUNTING BY DISABLED PERSONS, SO AS TO PERMIT THE STATEMENT OF DISABILITY TO BE CERTIFIED BY A RHEUMATOLOGIST AS WELL AS A NEUROLOGIST OR ORTHOPEDIST.

POINT OF ORDER

Rep. WITHERSPOON made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate:

S. 1160 (Word version) -- Senators Knotts and Setzler: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAY 1 AND INTERSTATE HIGHWAY 26 IN LEXINGTON COUNTY IN HONOR OF THE MEN AND WOMEN OF THE 4TH INFANTRY DIVISION AND TO ERECT APPROPRIATE SIGNS OR MARKERS AT THIS INTERCHANGE CONTAINING THE WORDS "4TH INFANTRY DIVISION INTERCHANGE".

Rep. SCOTT moved to adjourn debate on the Resolution until Thursday, April 29, which was agreed to.

H. 5162--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 5162 (Word version) -- Rep. Edge: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE AT UNITED STATES HIGHWAY 701 AND SOUTH CAROLINA HIGHWAY 9 BYPASS IN HORRY COUNTY THE "DAVIS HENIFORD, JR. INTERCHANGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THE NAME OF THE INTERCHANGE.

Whereas, Davis Heniford, Jr. of Horry County graduated from Loris High School in 1943; and

Whereas, a patriotic and loyal American, he served with distinction in the United States Navy from 1944 to 1946; and

Whereas, upon his return, he pursued and obtained his Bachelor of Science Degree from Clemson University in 1950; and
Whereas, he is the devoted husband of Althea Todd Heniford and the proud father of seven children and grandfather of twelve; and

Whereas, during the 1950's, he formed and owned LP Gas Corporation, and in 1961 he started his successful resort real estate and development company, now known as East Coast Realty Corporation in North Myrtle Beach; and

Whereas, venturing into the bank business in 1979, he became involved with the purchase of the Bank of Bethune resulting in the formation of Sandhills Bank which he currently owns; and

Whereas, an astute businessman as well as dedicated family man, Mr. Heniford also found time to serve his community and State in many ways; and

Whereas, he served as Chairman of the Horry County Airport Commission from 1968 to 1982, represented the 15th Judicial Circuit on the South Carolina Department of Highways and Public Transportation Commission from 1982 to 1986, and represented former Governor Richard Riley on the Department of Highways and Public Transportation Commission from 1986 to 1987; and

Whereas, during his tenure on the commission, Mr. Heniford chaired the Highway Patrol Committee bringing innovative ideas and solutions to this critical and important law enforcement area, developed the Strategic Highway Initiative and played a key role in planning for highways throughout the State, specifically the planning for the Conway Bypass and Carolina Bays Parkway, and he was instrumental in securing the funding for the construction and completion of the widening of South Carolina Highway 9 to four lanes from North Myrtle Beach to Loris and into western Horry County; and

Whereas, he sacrificed so much of his time, talents, and energy over the years for the benefit of the locals and tourists alike and is the true architect of the highway system in Horry County; and

Whereas, the South Carolina General Assembly is proud to recognize the exemplary service that Davis Heniford provided to the South Carolina Department of Transportation, to the State, and to Horry County in particular. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina, by this resolution, direct the Department of Transportation to name the interchange at United States Highway 701 and South Carolina Highway 9 Bypass in Horry County the "Davis Heniford, Jr. Interchange" and to erect appropriate markers or signs reflecting the name of the interchange.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and to Mr. Davis Heniford, Jr.

The Concurrent Resolution was adopted and sent to the Senate.

RECURRENCE TO THE MORNING HOUR

Rep. EDGE moved that the House recur to the Morning Hour, which was agreed to.

H. 5177--DEBATE ADJOURNED

Rep. D. C. SMITH moved to adjourn debate upon the following Bill until Thursday, April 29, which was adopted:

H. 5177 (Word version) -- Rep. Clyburn: A BILL TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THE TRUSTEES OF THE EDGEFIELD COUNTY SCHOOL DISTRICT ARE ELECTED AND DESIGNATE A MAP NUMBER ON WHICH THESE ELECTION DISTRICTS ARE DELINEATED.

H. 3881--DEBATE ADJOURNED

Rep. DELLENEY moved to adjourn debate upon the following Bill, which was adopted:

H. 3881 (Word version) -- Reps. G. M. Smith, Allen, Coleman, Delleney, Lucas, Rivers, Sheheen, F. N. Smith, J. E. Smith, Talley and Weeks: A BILL TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO INCLUDE MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD, MEMBERS OF THE SOUTH CAROLINA STATE GUARD, PERSONS ACTING ON BEHALF OR IN SERVICE OF A GOVERNMENTAL UNIT WITHOUT PAY OR COMPENSATION, COURT-APPOINTED ATTORNEYS, AND PUBLIC DEFENDERS IN THE DEFINITION OF "EMPLOYEE".

H. 5027--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 5027 (Word version) -- Reps. Harrell, W. D. Smith, Merrill, Clemmons, Cooper, Altman, Barfield, Cato, Ceips, Chellis, Duncan, Edge, Gilham, Hayes, Herbkersman, Keegan, Limehouse, Miller, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "UNIFORM AND FAIR GOLF COURSE VALUATION ACT OF 2004" BY ADDING SECTION 12-43-365 SO AS TO PROVIDE FOR THE MANNER IN WHICH THE FAIR MARKET VALUE OF GOLF COURSE REAL PROPERTY IS DETERMINED FOR AD VALOREM TAX PURPOSES AND THE PROCEDURES WHICH APPLY WITH RESPECT TO THIS DETERMINATION.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21196SD04):
Amend the bill, as and if amended, in Section 12-43-365(A)(1) of the 1976 Code, as contained in SECTION 2, by adding the following new sentence at the end of item (1) to read:
/For purposes of this section, golf course real property has a value of five hundred dollars an acre. /
When amended Section 12-43-365(A)(1) shall read:

"(1) 'Golf course real property' means all parcels owned by a golf course owner constituting in the aggregate the golf operation which includes the golf course, clubhouse, tennis facilities, swimming pools, maintenance facilities, cart storage facilities, driving range, wetlands, drainage areas, pumping stations, parking lots, golf course entry roadways from public highways, and irrigation and effluent disposal areas associated with a golf operation. For purposes of this section, golf course real property has a value of five hundred dollars an acre."/
Amend further, as and if amended, by striking subsection (B) of Section 12-43-365 of the 1976 Code, as contained in SECTION 2 and inserting:
/ (B) The fair market value of golf course real property for ad valorem tax purposes is five hundred dollars per acre plus gross revenue multiplied by the gross revenue multiplier. /
Amend further, as and if amended, by adding a new section appropriately numbered to read:
/SECTION ____. Section 12-54-240(B) of the 1976 Code, as last amended by Act 69 of 2003, is further amended by adding an appropriately numbered item at the end to read:

"( ) disclosure of information on any returns filed with the department to a county assessor pursuant to Section 12-43-365(C)." /
Renumber sections to conform.
Amend title to conform.

H. 5086 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAX, SO AS TO DELETE THE NET PERCENT VALUE METHOD OF CALCULATING ANNUAL FEE PAYMENTS; TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE LIMITS ON ANNUAL INCREASES IN LOCAL GOVERNMENT AND SCHOOL DISTRICT PROPERTY TAX MILLAGE, SO AS TO CLARIFY THE METHOD OF CALCULATING THE ALLOWED CONSUMER PRICE INDEX INCREASE IN THE MILLAGE RATE; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA INDIVIDUAL TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO DELETE AN OBSOLETE DEDUCTION RELATING TO MEDICAL INSURANCE PREMIUMS; TO AMEND SECTION 12-6-2320, RELATING TO ALLOCATION AND APPORTIONMENT FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO PROVIDE FOR THE ALLOCATION OF DIVIDENDS; TO AMEND SECTION 12-6-3365, AS AMENDED, RELATING TO THE CORPORATE INCOME TAX MORATORIUM FOR JOB CREATION, SO AS TO CLARIFY THE APPLICATION OF THE MORATORIUM TO INSURANCE PREMIUM TAXES; TO AMEND SECTION 12-6-3480, RELATING TO TAX CREDITS, SO AS TO FURTHER PROVIDE THE MANNER IN WHICH CREDITS ARE ALLOWED AND MAY BE CLAIMED; TO AMEND SECTION 12-6-4910, AS AMENDED, RELATING TO THOSE REQUIRED TO FILE INCOME TAX RETURNS, SO AS TO PROVIDE FOR THOSE NONRESIDENTS REQUIRED TO FILE IN THIS STATE; TO AMEND SECTIONS 12-6-5020, AS AMENDED, AND 12-6-5030, RELATING TO THE FILING OF CONSOLIDATED CORPORATE INCOME TAX RETURNS AND COMPOSITE INDIVIDUAL INCOME TAX RETURNS, SO AS TO REQUIRE THE DETERMINATION OF CREDITS ON A CONSOLIDATED BASIS AND FURTHER PROVIDE FOR COMPOSITE RETURNS; TO AMEND SECTIONS 12-8-520 AND 12-8-1520, RELATING TO STATE INCOME TAX WITHHOLDING, SO AS TO PROVIDE FOR THE WITHHOLDING OF PARTNERSHIP AND SUBCHAPTER "S" CORPORATION INCOME OF NONRESIDENTS AND ADDITIONAL REQUIREMENTS FOR WITHHOLDING AGENTS; TO AMEND SECTION 12-10-105, RELATING TO ANNUAL FEES FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, SO AS TO EXTEND THESE FEES TO JOB RETRAINING CREDITS IN EXCESS OF TEN THOUSAND DOLLARS AND PROVIDE FOR THE COLLECTION OF THESE FEES; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO TAX CREDITS FOR PURPOSES OF THE CORPORATE LICENSE TAX, SO AS TO CLARIFY THE APPLICATION OF THESE CREDITS; TO AMEND SECTIONS 12-21-1090 AND 12-21-6550, RELATING TO LICENSE TAXES, SO AS TO PROVIDE FOR THE PERMISSIVE PROMULGATION OF REGULATIONS AND FURTHER PROVIDE FOR THE APPLICATIONS REQUIRED PURSUANT TO THE TOURISM INFRASTRUCTURE ADMISSIONS TAX ACT; TO AMEND SECTION 12-28-740, RELATING TO EXEMPTIONS FROM THE MOTOR FUELS USER FEE, SO AS TO DELETE A REFERENCE TO A CREDIT, BY ADDING SECTION 12-28-1400, SO AS TO REQUIRE SUCH REPORTING AS THE DEPARTMENT OF REVENUE MAY REQUIRE BY REGULATION FOR PURPOSES OF THE USER FEE ON MOTOR FUELS AND PROVIDE AN ADDITIONAL CIVIL PENALTY FOR VIOLATORS; TO AMEND SECTION 12-28-1730, AS AMENDED, RELATING TO PENALTIES FOR PURPOSES OF THE MOTOR FUELS TAX, SO AS TO DELETE A CIVIL PENALTY; TO AMEND SECTION 12-36-530, RELATING TO THE REQUIREMENT FOR THE RETURN OF A RETAIL LICENSE WHEN A BUSINESS CLOSES OR IS SOLD, SO AS TO ELIMINATE THE REQUIREMENT THAT THE TAX IS DUE AT THE TIME OF SALE AND CONSTITUTES A LIEN ON THE PROPERTY IN THE HANDS OF THE PURCHASER; TO AMEND SECTIONS 12-36-1310 AND 12-36-2120, BOTH AS AMENDED, AND SECTION 12-36-2510, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO FURTHER PROVIDE FOR THE APPLICATION OF SALES TAX TO TELECOMMUNICATIONS SERVICES, AND PROVIDE FURTHER FOR THE ISSUE OF CERTIFICATES BY THE DEPARTMENT OF REVENUE FOR DIRECT PAY AND EXEMPTIONS AND PROVIDE FOR MORE EFFICIENT ADMINISTRATION OF SALES TAXES AND SALES TAX EXEMPTIONS; TO REPEAL SECTION 12-37-240, RELATING TO PAYMENTS IN LIEU OF TAXES BY EXEMPT NONPROFIT HOUSING CORPORATIONS; TO REPEAL SECTION 12-37-290, RELATING TO AN OBSOLETE HOMESTEAD EXEMPTION PROVISION; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO DELETE OBSOLETE REFERENCES IN EXISTING EXEMPTIONS; TO AMEND SECTION 12-37-230, RELATING TO SERVICE CONTRACTS WITH NONPROFIT HOUSING CORPORATIONS, SO AS TO ALLOW TAXING ENTITIES TO CHARGE REASONABLE FEES FOR SERVICES NOT TO EXCEED TAXES THAT WOULD OTHERWISE BE DUE ON THE PROPERTY, TO AMEND SECTIONS 12-44-30, 12-44-50, 12-44-55, 12-44-60, AND 12-44-140, ALL AS AMENDED, RELATING TO THE "FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997", SO AS TO ELIMINATE THE NET PERCENT VALUE METHOD OF CALCULATING THE ANNUAL FEE PAYMENT, BY ADDING SECTION 12-44-180, SO AS TO PROVIDE THOSE REQUIREMENTS FOR ELIMINATION OF THE NET PERCENT VALUE METHOD IN AN EXISTING FEE AGREEMENT; TO AMEND SECTIONS 12-54-25, AS AMENDED, 12-54-42, AND 12-54-43, AS AMENDED, RELATING TO THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF STATE LEVIED TAXES, SO AS TO CLARIFY WHEN INTEREST IS NOT DUE ON OVERPAYMENTS, TO CLARIFY THE APPLICATION OF PENALTIES FOR FAILING TO PROVIDE WITHHOLDING STATEMENTS, TO CLARIFY AND REVISE THE APPLICATION OF CIVIL PENALTIES FOR FILING GROUNDLESS RETURNS OR FOR MISUSE OF A SALES TAX CERTIFICATE; BY ADDING SECTION 12-54-123 SO AS TO PROTECT FROM LIABILITY A PERSON WHO SURRENDERS THE PROPERTY OF ANOTHER LEVIED ON BY THE DEPARTMENT OF REVENUE; TO AMEND SECTIONS 12-54-90, 12-54-210, AND 12-54-240, AS AMENDED, RELATING TO THE COLLECTION AND ENFORCEMENT OF STATE TAXES, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO REFUSE TO ISSUE A LICENSE TO A TAXPAYER IN VIOLATION AND TO DELETE NOTICE REQUIREMENTS AND TO INCREASE THE PENALTY FOR FAILURE TO KEEP RECORDS, FILE RETURNS, AND COMPLY WITH REGULATIONS, UPDATE REFERENCES RELATING TO THE CONFIDENTIALITY OF RETURNS, AND DELETE AN EXEMPTION TO THE CONFIDENTIALITY REQUIREMENTS FOR RECORDS SUBPOENAED BY A FEDERAL GRAND JURY; TO AMEND SECTION 12-58-185, AS AMENDED, RELATING TO THE TAXPAYERS' BILL OF RIGHTS, SO AS TO CLARIFY AND EXTEND THE APPLICATION OF HARDSHIP EXTENSIONS TO PAY; TO AMEND SECTIONS 12-60-420 AND 12-60-490, BOTH AS AMENDED, RELATING TO THE REVENUES PROCEDURE ACT, SO AS TO PROVIDE THAT THE APPLICATION OF A DIVISION DECISION OR A DETERMINATION OF DEFICIENCY APPLIES TO LOCAL TAXES ADMINISTERED BY THE DEPARTMENT OF REVENUE AND REQUIRE SUCH NOTICE TO PROVIDE THAT FAILURE TO FILE A PROTEST WILL RESULT IN A DECISION BECOMING FINAL AND TO PROVIDE FURTHER FOR SETOFFS AGAINST TAX REFUNDS; TO AMEND SECTION 61-4-720, AS AMENDED, RELATING TO THE REGULATION OF WINE, SO AS TO REPLACE THE LIMITATION TO DOMESTIC WINE WITH WINE PRODUCED ON THE PREMISES FOR WINE SALES AND TASTINGS AT LICENSED WINERIES IN THIS STATE; BY ADDING SECTION 61-4-725 SO AS TO ALLOW A LICENSED WINERY TO SELL, DELIVER, PERMIT ON-PREMISES CONSUMPTION ON SUNDAYS IN JURISDICTIONS WHERE MINIBOTTLE SALES ARE ALLOWED ON SUNDAYS; TO AMEND SECTIONS 61-4-730 AND 61-4-747, RELATING TO REGULATION OF WINE, SO AS TO REPLACE THE REQUIREMENT THAT PERMITTED WINERIES SELL ONLY DOMESTIC WINE WITH WINE PRODUCED IN THIS STATE IN ORDER TO SELL AND DELIVER WINE IN THIS STATE AND TO REQUIRE OUT-OF-STATE WINE SHIPPERS TO PAY SALES AND EXCISE TAXES ON WINE SHIPPED TO RESIDENTS OF THIS STATE BY JANUARY TWENTIETH OF EACH YEAR FOR THE PRECEDING YEAR.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22643HTC04), which was adopted:
Amend the bill, as and if amended, beginning on page 23, by striking SECTION 26 in its entirety.
Amend further, by adding 8 appropriately numbered SECTIONS to read:
/ SECTION _____. Notwithstanding the provisions of Section 12-43-217 of the 1976 Code, the governing body of a county that pursuant to the provisions of Section 3.SS.1, Act 69 of 2003, postponed implementation of the values determined in a countywide assessment and equalization program until 2004, by ordinance may postpone the implementation for one additional property tax year.
SECTION _____. Article 7, Chapter 21, Title 12 of the 1976 Code is amended by adding:

"Section 12-21-1085. Except as provided in Section 12-21-1035 and Sections 12-21-1320 to 12-21-1350, the taxes provided for in this article are in lieu of all other taxes and licenses on beer and wine of the State, the county, or the municipality, except the sales and use tax, or Sections 6-1-700 through 6-1-770, and include licenses for its delivery by the wholesaler."
SECTION _____. Section 12-14-60(D) of the 1976 Code is amended to read:

"(D)(1) Unused credit allowed pursuant to this section may be carried forward for ten years from the close of the tax year in which the credit was earned.

(2)In the case of credit earned and unused within the initial ten-year period, a taxpayer may continue to carry forward unused credits for use in any subsequent tax years if the taxpayer:

(a)is engaged in this State in an activity or activities listed under the North American Industry Classification System Manual (NAICS) Section 31, 32, or 33;

(b)(i)is employing one thousand or more full-time workers in this State and having a total capital investment in this State of not less than five hundred million dollars; or

(ii)is employing eight hundred fifty or more full-time workers in this State and having a total capital investment in this State of not less than seven hundred fifty million dollars; and

(c)made a total capital investment of not less than fifty million dollars in the previous five years.

Credits carried forward beyond the initial ten-year period may not reduce a taxpayer's state income tax liability in any subsequent tax year by more than twenty-five percent."
SECTION _____. A. Chapter 49, Title 12 of the 1976 Code is amended by adding:

(1) 'Auditor' means the officer charged by law with the assessment of ad valorem taxes and assessments and with the mailing of tax notices.

(2) 'Collateral' means the mobile or manufactured home in which a lienholder holds a security interest.

(3) 'Collateral list' means a written list, including all supplements, that a lienholder provides to a tax collector pursuant to this article, listing the lienholder's collateral that, according to the United States Postal Zip Codes shown in the lienholder's records as the mailing address where the collateral is cited, is or may be located within a county of this state.

(4) 'Department' means the South Carolina Department of Motor Vehicles or its successor.

(5) 'Lien' means a mortgage and a security agreement.

(6) 'Lienholder' means the owner, holder, and servicing agent of a security interest affecting a mobile or manufactured home as security for the payment of money.

(7) 'Mobile home' or 'manufactured home' is as defined as provided in Sections 12-43-230(b) and 40-29-20(9).

(8) 'Mortgage' means a mortgage, deed of trust, or other written instrument covering or affecting real property as security for the payment of money.

(9) 'Mortgagee' means the mortgagee identified in a mortgage of record or any holder or assignee of the mortgage.

(10) 'Mortgagee list' means a written list, including all supplements, that a mortgagee provides to a tax collector pursuant to this article, showing the current name and address of the mortgagee/holder of the mortgages listed thereon within a county of this State.

(12) 'Office of the register of deeds' means the office in each county where real property deeds and mortgages are recorded.

(13) 'Security interest' means an interest created by a security agreement or other written instrument covering a mobile or manufactured home for the payment of money.

(14) 'Tax collector' means the officer charged by law with the collection of delinquent ad valorem taxes, assessments, penalties, and costs.

(15) 'Tax title' means a deed for real property and a bill of sale for personal property.

(16) 'The most current' means the latest in time.

Section 12-49-1120. When real property is levied upon for taxes by the tax collector, the tax collector shall give at least twenty days written notice of the levy to a mortgagee contained on the mortgagee list filed with the tax collector as provided in Section 12-49-1150. The period of twenty days shall begin to run from the time the notice is personally delivered or from the date of its mailing when delivered by registered mail as provided in this article. The notice must contain a description of the real property levied upon, including the tax map number assigned by the county, the name of the owner, the year or years for which the taxes were assessed, and a statement of the amount of the taxes with the accrued costs. The notice must be delivered to the mortgagees either personally or by registered mail with return receipt requested at the address(es) shown on the most current mortgagee list for a particular mortgagee. If delivered personally, the tax collector shall obtain a signed receipt from the mortgagee. Although a separate notice must be prepared for each parcel of real property to be sold, a tax collector may enclose in the same package or envelope multiple notices to be given to the same mortgagee at the same address.

Section 12-49-1130. The form of notice required pursuant to Section 12-49-1120 must be substantially as follows:
DELINQUENT TAXES
Notice to Holder of Mortgage

Notice is given to ____________________ as the holder of a certain mortgage recorded in the office of the_____________ in Book _______ at Page _______, of the county of __________, State of South Carolina, that there are now due and unpaid taxes for the year 20___ amounting to $__________, with accrued cost of $__________, for which a tax execution has been issued and levy made upon the following described real property owned by ____________________ and embraced within the mortgage, and that the real property will be advertised for sale unless such taxes are paid within twenty (20) days from the delivery of this notice as provided by law.
Description of the Real Property Levied Upon
____________________________________________
_____________________________________________
Tax Map No. _________________________________

______________________________

Tax Collector

______________________________

Address
Date:_______________

Section 12-49-1140. The tax collector shall keep a record of each notice given under Section 12-49-1120 that contains the date the notice was delivered, the method of delivery, the address where the notice was delivered, and the name of the addressee of the notice.

Section 12-49-1150. To entitle a mortgagee to the notice required by Section 12-49-1120, a list of each mortgage as to which the notice is desired must be filed by the mortgagee with the tax collector of the county in which the real property covered by a mortgage lies on or before the fifteenth day of March of each year, on which must be shown the name and address of the mortgagee, the name of each mortgagor, and the book and page of the record where each mortgage listed is recorded.

Section 12-49-1160. The form of the mortgagee list for real property must be substantially as follows:
Mortgagee List For ____________ County

Mortgagee/Holder: __________________________

Address for Notice: __________________________

__________________________

Date: _______________

Name of Owner(s) Tax Map Book Page

or Mortgagor(s) Number of Record Number

Section 12-49-1170. The mortgagee list may be provided to the tax collector through any medium acceptable to the sender and the receiver. This medium may include: United States mail, hand delivery, express delivery, or e-mail. The sender shall maintain sufficient proof that the mortgagee list and any supplement were provided to the tax collector.

Section 12-49-1180. (A) The rights, interest, and security of a mortgagee complying with the provisions of Section 12-49-1150 are not affected by a tax sale and a deed of conveyance, unless the provisions of Section 12-49-1120 are complied with.

(B) Except as specifically provided in this article, the rights and remedies of a mortgagee granted elsewhere in this title are not affected by whether or not the mortgagee provides a mortgagee list of real property pursuant to 12-49-1150.

Section 12-49-1190. When a mobile or manufactured home is levied upon for taxes by the tax collector, the tax collector, at least forty-five days before the date of the tax sale, shall give written notice of the levy to any lienholders by following the procedures set forth in Section 12-49-1220. The notice must contain a description of the mobile or manufactured home levied upon, including the year, make/model, size and serial number, the name of the owner, the address and zip code where the mobile or manufactured home is located, the year or years for which the taxes were assessed, and a statement of the amount of the taxes with the accrued costs. The notice must be delivered to the lienholders either personally or by registered mail with return receipt requested at the addresses obtained by the tax collector by following the procedures set forth in Section 12-49-1220. If delivered personally, the tax collector must obtain a signed receipt from the lienholder. Although a separate notice must be prepared for each mobile or manufactured home to be sold, a tax collector may enclose in the same package or envelope multiple notices to be given to the same lienholder at the same address.

Section 12-49-1200. The form of the notice required by Section 12-49-1190 must be substantially as follows:

DELINQUENT TAXES
NOTICE TO LIENHOLDER

Notice is given to ____________________ as the holder of a certain lien on the mobile or manufactured home below described, that there are now due and unpaid taxes for the year 20___ in the amount of $__________ with accrued costs of $__________ for which a tax execution has been issued and levy made upon the described home owned by ____________________. The home will be advertised for sale unless the taxes are paid within forty-five (45) days from delivery of this notice as provided by law.
Description of Mobile or Manufactured Home Levied Upon
_______________________
Tax Collector
____________________________
Address

Date _____________

Section 12-49-1210. The tax collector shall keep a record of each notice given pursuant to Section 12-49-1190 that must contain the date the notice was delivered, the method of delivery, the address where the notice was delivered, and the name of the addressee of the notice.

Section 12-49-1220. (A) In providing the notice of levy and sale required in Section 12-49-1190 relating to mobile or manufactured homes, the tax collector shall comply with the procedures set forth in subsections (B) or (C), (D) and (E). However, nothing in this section requires the tax collector to send more than one notice of levy to a single lienholder at the same mailing address that is revealed multiple times by compliance with the different procedures set forth. If a single lienholder's name at different mailing addresses is revealed or would have been revealed by compliance with the procedures provided pursuant to this section, however, notice of levy must be sent to the lienholder at all these mailing addresses.

(B) For liens created before January 1, 1995, the tax collector shall provide the notice of levy to the lienholders contained on the certificate of title issued by the department. To obtain the name and address of the lienholders, the tax collector shall forward to the department a form substantially as provided below requesting the name and address of all lienholders shown on the certificate of title. The delinquent tax collector shall not advertise the sale of property without a return of this form:
To the Department of ____________________:

I have been instructed by the county treasurer to levy and sell the following personal property:

Please provide me with the lienholders' names and addresses as shown on the certificate of title:

NAME:

ADDRESS:

DESCRIPTION OF COLLATERAL:

VIN NUMBER:

LIENHOLDER:

LIENHOLDERS' ADDRESS:

(C) For liens created on or after January 1, 1995, the tax collector shall provide the notice of levy to the lienholders identified on the forms provided to the county officials pursuant to the licensing and moving permit procedures set forth in Chapter 17 of Title 31.

(D)(1) In addition to complying with the procedures set forth in either subsection (B) or (C), for tax years beginning January 1, 2002, and thereafter, the tax collector shall send the notice of levy required by this article to the lienholders at the addresses shown on the most current collateral list provided to the tax collector pursuant to Section 12-49-1230 by the lienholders holding a lien on the subject mobile or manufactured home. If a lienholder's most current collateral list, including any supplement, fails to disclose to the tax collector the lienholder's lien on a home that is to be sold, the lienholder is not entitled to notice pursuant to this subsection. If the collateral lists of two or more lienholders show the same subject mobile or manufactured home as their collateral, all the lienholders must be notified of the tax sale.

(2) If a lienholder provides the tax collector with a supplemental collateral list as described in subsection 12-49-1230(B) after July first of any given year and the tax collector intends to sell a mobile or manufactured home shown on that supplemental list for which the lienholder could not be properly identified by the tax collector's compliance with the procedures provided in subsections (B) or (C) and (D)(1) and (E), the tax collector shall give a notice to a newly-identified lienholder or to a lienholder at the newly-identified address, or both, the notice required by this subsection.

(a) If there are sixty-five or more days between the receipt by the tax collector of the supplemental collateral list and the date of the scheduled tax sale, the tax collector shall deliver to the newly-identified lienholder or at the newly-identified address, or both, the notice required by Section 12-49-1190 in the same manner and timing as provided in that section.

(b) If there are fewer than sixty-five days, but at least forty-five days between the receipt by the tax collector of the supplemental collateral list and the date of the scheduled tax sale, the tax collector shall deliver to the newly-identified lienholder or at the newly-identified address, or both, the notice required by Section 12-49-1190 in the same manner as required pursuant to that section, except that the notice must be given no fewer than twenty days before the date of the scheduled tax sale.

(c) If the tax sale has already occurred by the time the tax collector receives the supplemental collateral list, or if there are fewer than forty-five days between the receipt by the tax collector of the supplemental collateral list and the date of the scheduled tax sale, the tax collector is not required to deliver to the to the newly-identified lienholder or at the newly-identified address, or both, any notice pursuant to subsection (D)(2). Except to the extent that they are entitled to receive notice pursuant to subsections (B) or (C) and (D)(1) and (E), the only notice the newly-identified lienholders are entitled to receive, or known lienholders at a newly-identified address, under this subitem is a notice of their right of redemption pursuant to Chapter 51.

(E) In addition to following the procedures provided pursuant to subsections (B) or (C) and (D) for tax years beginning January 1, 2002, and thereafter, the tax collector shall send the notice of levy required by this article to the lienholders at the addresses provided to county officials pursuant to the licensing and moving permit procedures set forth in Chapter 17 of Title 31.

Section 12-49-1230. (A) By July first of each year, each lienholder may provide a written collateral list to the tax collector of each county in which the lienholder's collateral is located. The collateral list sent to a particular county must be derived by a lienholder sorting its accounts by United States Postal Zip Codes and by sorting those zip codes by the counties that have geographical areas covered by those zip codes. The zip codes used must be those shown in the lienholder's records as the mailing addresses where the collateral is sited. For those zip codes covering geographical areas that extend into multiple counties, the collateral list sent to all counties sharing the same zip codes must contain the information required by Section 12-49-1250.

(B) Any collateral list provided by a lienholder to a tax collector after July first and no later than December 31 of any year is considered a supplemental collateral list for purposes of the lienholder's right to receive notice of a tax levy and sale pursuant to Section 12-49-1190(D) for that same calendar year.

(C) Nothing in this section requires a lienholder to provide to the tax collector a collateral list annually or periodically. However, if a particular lienholder does not timely provide a collateral list to the tax collector for the year in which the tax collector intends to sell real property on which that lienholder holds a lien, the tax collector may rely on the most current information obtained pursuant to Section 12-49-1190, including but not limited to, a collateral list from a prior year.

Section 12-49-1240. The form of the collateral list and any supplement for mobile or manufactured homes must be substantially as follows:
Collateral List For __________________ County
Lienholder: _________________________
Address for Notice:___________________
Date: ______________________________
Name(s) of Owner(s):__________________
Address of Home:______________________
Other Address(es) of Owner(s), which was adopted:________________________
Zip Code:_____________________
Year of Home:_________________
Make/Model:_____________________
Size of Home:_____________________
Full Serial Number:____________________

Section 12-49-1250. The collateral list and any supplement may be provided to the tax collector through any medium acceptable to the sender and the receiver. The medium may include: U.S. mail, hand delivery, express delivery, or e-mail, but the sender shall maintain sufficient proof that the collateral list and any supplement were provided to the tax collector.

Section 12-49-1260. The collateral lists and any supplements must be maintained by the tax collector strictly and solely for the purposes set forth in this article. These collateral lists are exempt from disclosure pursuant to Chapter 4 of Title 30, The Freedom of Information Act. The tax collector is responsible for maintaining the confidentiality of these lists within his office. No person in the tax collector's office may give, release, or provide in any form or fashion to any person or entity the original or any photographic or electronic copy of the collateral lists or any list reconstructed from the tax collector's records that shows the owners of mobile or manufactured homes in any county and the names of the lienholders of these homes. The collateral lists must be used solely for the purposes of notifying the lienholders of impending tax sales and the expiration of redemption periods. Nothing in this section is intended to prevent a tax collector from integrating information obtained from the collateral lists into the tax collector's records in the same manner as the tax collector integrates information in his records obtained from other sources. Furthermore, nothing in this section is intended to prevent a tax collector from providing information to a person or entity about the name of the owner and lienholder of a particular mobile or manufactured home.

Section 12-49-1270. (A) Except as otherwise provided in Section 12-49-1220 or 12-49-1290, unless the tax collector complies with the provisions of Sections 12-49-1190 and 12-49-1220, the rights, interest, and security of any lienholder of a mobile or manufactured home is in no way affected by a tax sale and a transfer of title made pursuant to the tax sale.

(B) Except as specifically provided in this article, the rights and remedies of a lienholder of a mobile or manufactured home under the terms of the security documents or as otherwise provided in this title are not affected by whether or not a lienholder provides a collateral list to the tax collector or provides information to the auditor about where and to whom tax notices are to be sent.

Section 12-49-1280. Notwithstanding any other provisions of this article, none of the following circumstances are grounds for voiding a tax sale:

(1) The tax collector complied with Section 12-49-1220(B) but the return from the department did not provide the name and address of the current lienholder, and the lienholder's most current collateral list that was provided to the tax collector did not accurately reflect the name and address of the lienholder for the subject mobile or manufactured home, and the county had not been provided information about the lienholder and its address pursuant to the licensing and moving permit procedures set forth in Chapter 17 of Title 31.

(2) The subject mobile or manufactured home appeared on collateral lists of more than one lienholder and the tax collector did not notify all the lienholders, but nevertheless, the tax collector did notify the lienholders that did in fact hold liens on the subject mobile or manufactured home at the time the notice was given, and the notice was sent to the correct addresses of the lienholders holding the liens where the owner's account was being serviced at the time the notice was given.

(3) The lienholder that actually holds the lien on the subject mobile or manufactured home at the time the notice was given receives the notice at the correct address of the lienholder where the owner's account is being serviced, regardless of how the tax collector obtained the correct name and address of the lienholder.

Section 12-49-1290. Notwithstanding the provisions of this article, none of the following circumstances are a defense to a lienholder's effort to void a tax sale:

(1) The lienholder failed to provide the tax collector with a collateral list for one or more years, but the most current collateral list the lienholder did provide the tax collector, including any supplements described in Section 12-49-1220(D)(2)(a) and (b), showed that the lienholder held a lien on the particular mobile or manufactured home that was sold by the tax collector at a tax sale, or the county had been provided information about the lienholder and its address pursuant to the licensing and moving permit procedures set forth in Chapter 17 of Title 31.

(2) The tax collector attempted to provide the notice required by this article by providing a list to one or more lienholders of mobile or manufactured homes to be sold by that county without specifying which mobile or manufactured homes were the actual collateral of which of the lienholders. A tax collector does not comply with this article by sending to lienholders a list of all mobile or manufactured homes to be sold without specifying which of the homes are the collateral of which of the lienholders."
B. Section 12-43-220(c) of the 1976 Code, as last amended by Act 336 of 2002, is further amended by adding an appropriately numbered subitem at the end to read:

"( ) Notwithstanding any other provision of law, the owner-occupant of a legal residence qualifies for the four percent assessment ratio allowed by this item if the taxpayer's residence meets the requirements of Internal Revenue Code Section 280A(g) as defined in Section 12-6-40(A)."
C. Section 12-51-55 of the 1976 Code, as amended by Act 399 of 2000, is further amended to read:

"Section 12-51-55. The officer charged with the duty to sell real property and mobile or manufactured housing for nonpayment of ad valorem property taxes shall submit a bid on behalf of the Forfeited Land Commission equal to the amount of all unpaid property taxes, penalties, assessments, including but limited to assessments owed to a special taxing district established pursuant to Section 4-9-30, Chapter 19 of Title 4, or an assessment district established pursuant to Chapter 15 of Title 6, and costs including taxes levied for the year in which the redemption period begins. The Forfeited Land Commission is not required to bid on property known or reasonably suspected to be contaminated. If the contamination becomes known after the bid or while the commission holds the title, the title is voidable at the election of the commission. If the property is not redeemed, the excess above the amount of taxes, penalties, assessments, and costs for the year in which the property was sold must be applied first to the taxes becoming due during the redemption period."
D. Section 12-51-130 of the 1976 Code, as last amended by Act 399 of 2000, is further amended to read:

"Section 12-51-130. Upon failure of the defaulting taxpayer, a grantee from the owner, a mortgagee, a judgment creditor, or a lessee of the property to redeem realty within the time period allowed for redemption, the person officially charged with the collection of delinquent taxes, within thirty days or as soon after that as possible, shall make a tax title to the purchaser or the purchaser's assignee. Delivery of the tax title to the clerk of court or register of deeds is considered 'putting the purchaser, or assignee, in possession'. The tax title must include, among other things, the name of the defaulting taxpayer, the name of any grantee of record of the property, the date of execution, the date the realty was posted and by whom, and the dates each certified notice was mailed to the party or parties of interest, to whom mailed and whether or not received by the addressee. The successful purchaser, or assignee, is responsible in the amount of fifteen dollars for the actual cost of preparing the tax title plus documentary stamps necessary to be affixed and recording fees. The successful purchaser, or assignee, shall pay the amounts to the person officially charged with the collection of delinquent taxes before delivery of the tax title to the clerk of court or register of deeds and, upon payment, the person officially charged with the collection of delinquent taxes is responsible for promptly transmitting the tax title to the clerk of court or register of deeds for recording and remitting the recording fee and documentary stamps cost. If the tax sale of an item produced more cash than the full amount due in taxes, assessments, penalties, and costs, the overage belongs to the owner of record immediately before the end of the redemption period to be claimed or assigned according to law. These sums are payable ninety days after execution of the deed unless a judicial action is instituted during that time by another claimant. If neither claimed nor assigned within five years of date of public auction tax sale, the overage shall escheat to the general fund of the governing body. Before the escheat date unclaimed overages must be kept in a separate account and must be invested so as not to be idle and the governing body of the political subdivision is entitled to the earnings for keeping the overage. On escheat date the overage must be transferred to the general funds of the governing body."
E. Section 12-51-150 of the 1976 Code is amended to read:

"Section 12-51-150. In the case that the official in charge of the tax sale discovers before a tax title has passed, the failure of any action required to be properly performed, the official may void the tax sale and refund the amount paid, plus interest in the amount actually earned by the county on the amount refunded, to the successful bidder. If the full amount of the taxes, assessments, penalties, and costs have not been paid, the property must be brought to tax sale as soon as practicable."
F. Section 30-4-20(c) of the 1976 Code, as last amended by Act 339 of 2002, is further amended to read:

"(c) 'Public record' includes all books, papers, maps, photographs, cards, tapes, recordings, or other documentary materials regardless of physical form or characteristics prepared, owned, used, in the possession of, or retained by a public body. Records such as income tax returns, medical records, hospital medical staff reports, scholastic records, adoption records, records related to registration, and circulation of library materials which contain names or other personally identifying details regarding the users of public, private, school, college, technical college, university, and state institutional libraries and library systems, supported in whole or in part by public funds or expending public funds, or records which reveal the identity of the library patron checking out or requesting an item from the library or using other library services, except nonidentifying administrative and statistical reports of registration and circulation, and other records which by law are required to be closed to the public are not considered to be made open to the public under the provisions of this act;. Nothing herein authorizes or requires the disclosure of those records where the public body, prior to January 20, 1987, by a favorable vote of three-fourths of the membership, taken after receipt of a written request, concluded that the public interest was best served by not disclosing them. Nothing herein authorizes or requires the disclosure of records of the Board of Financial Institutions pertaining to applications and surveys for charters and branches of banks and savings and loan associations or surveys and examinations of the institutions required to be made by law. Information relating to security plans and devices proposed, adopted, installed, or utilized by a public body, other than amounts expended for adoption, implementation, or installation of these plans and devices, is required to be closed to the public and is not considered to be made open to the public under the provisions of this act. Public records do not include collateral lists of lienholders and supplements to the lists maintained by the tax collector pursuant to Article 9, Chapter 49, Title 12, and these lists and supplements are closed to the public and are not made open pursuant to this chapter."
SECTION _____. Article 3, Chapter 43, Title 12 of the 1976 Code is amended by adding:

"Section 12-43-370. In cases of special purpose districts crossing county boundaries, the assessor and auditor in the county having the most recently implemented countywide equalization and reassessment program must adjust the millage accordingly in order to prevent the higher taxation of the most recently reassessed property."
SECTION _____. Subarticle 15, Article 3, Chapter 6, Title 61 of the 1976 Code is amended by adding:

"Section 61-6-1555. Notwithstanding any other provision of law, airline companies may purchase beer, wine, and alcoholic liquor directly from wholesalers licensed under the provisions of Section 61-4-520(3) or Section 61-6-100(2). Wholesalers may sell and deliver beer, wine, and alcoholic liquor to airline companies. It is a misdemeanor to use beer, wine, or alcoholic liquor purchased under the provisions of this section for any purpose other than the sale or use by the airline company on its airplanes."
SECTION _____. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:

"( ) prescription and over-the-counter medicines and medical supplies, including diabetic supplies, sold to a health care clinic that provides medical and dental care without charge to all of its patients."
SECTION _____. A. Chapter 1, Title 4 of the 1976 Code is amended by adding:

"Section 4-1-160. Each county in which a joint industrial or business park is physically located that has entered into an agreement as defined in Section 4-1-170(A) shall file with the Department of Revenue, on forms provided by the department, a copy of the form within sixty days of the final reading of the ordinance or resolution which makes the joint industrial or business park agreement effective. The joint industrial or business park is not effective until the form is filed, but the department, for good cause, may waive the late filing for up to six months after the final reading. The department may specify the terms and conditions of the filing, including a requirement that the form be filed electronically. Information on the form, however, must reflect the relevant information required in the recapitulation as set forth in Section 4-12-45. The form is considered a public record for all purposes. The department is not responsible for the accuracy or updating, organizing, or collating the information it receives."
B. Section 4-12-25 of the 1976 Code, as amended by Act 69 of 2003, is further amended to read:

"Section 4-12-45. (A) All agreements entered into pursuant to this chapter must include as the first portion of the document a recapitulation of the remaining contents of the document which includes, but is not limited to, the following:

(1) the legal name of each party to the agreement;

(2) the county and street address of the project and property to be subject to the agreement;

(3) the minimum investment agreed upon;

(4) the length and term of the agreement;

(5) the assessment ratio applicable for each year of the agreement;

(6) the millage rate applicable for each year of the agreement;

(7) a schedule showing the amount of the fee and its calculation for each year of the agreement Reserved;

(8) a schedule showing the amount to be distributed annually to each of the affected taxing entitiesReserved;

(9) a statement answering the following questions:

(a) Is the project to be located in a multi-county park formed pursuant to Chapter 29 of Title 4?;

(b) Is disposal of property subject to the fee allowed?;

(c) Will special source revenue bonds be issued or credits for infrastructure investment be allowed in connection with this project?;

(d) Will payment amounts be modified using a net present value calculation?; and

(e) Do replacement property provisions apply?;

(10) any other feature or aspect of the agreement which may affect the calculation of items (7) and (8) of this subsectionReserved;

(11) description of the effect upon the schedules required by items (7) and (8) of this subsection of any feature covered by items (9) and (10) not reflected in the schedules for items (7) and (8) of this subsectionReserved;

(12) which party or parties to the agreement are responsible for updating any information contained in the summary document.

(B) The auditor shall prepare a bill for each installment of the fee according to the schedule set forth in subsection (A)(7) or as modified pursuant to subsection (A)(10), (11), or (12) and that payment must be distributed to the affected taxing entities according to the schedule in subsection (A)(8) or as modified pursuant to subsection (A)(10), (11), or (12).Reserved

(C) The county and the sponsor and sponsor affiliates may agree to waive any or all of the items described in this section."
C. Section 4-29-67(W) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:

"(W)(1) All agreements entered into pursuant to this section must include as the first portion of the document a recapitulation of the remaining contents of the document which includes, but is not limited to, the following:

(a) the legal name of each party to the agreement;

(b) the county and street address of the project and property to be subject to the agreement;

(c) the minimum investment agreed upon;

(d) the length and term of the agreement;

(e) the assessment ratio applicable for each year of the agreement;

(f) the millage rate applicable for each year of the agreement;

(g) a schedule showing the amount of the fee and its calculation for each year of the agreementReserved;

(h) a schedule showing the amount to be distributed annually to each of the affected taxing entitiesReserved;

(i) a statement answering the following questions:

(i) Is the project to be located in a multi-county park formed pursuant to Chapter 29 of Title 4?;

(ii) Is disposal of property subject to the fee allowed?;

(iii) Will special source revenue bonds be issued or credits for infrastructure investment be allowed in connection with this project?;

(iv) Will payment amounts be modified using a net present value calculation?; and

(v) Do replacement property provisions apply?;

(j) any other feature or aspect of the agreement which may affect the calculation of subitems (g) and (h) of this itemReserved;

(k) a description of the effect upon the schedules required by subitems (g) and (h) of this item of any feature covered by subitems (i) and (j) not reflected in the schedules for subitems (g) and (h)Reserved;

(l) which party or parties to the agreement are responsible for updating any information contained in the summary document.

(2) The auditor shall prepare a bill for each installment of the fee according to the schedule set forth in subitem (1)(g) or as modified pursuant to subitem (1)(j), (k), or (l) and that payment must be distributed to the affected taxing entities according to the schedule in subitem (1)(g) or as modified pursuant to subitem (1)(j), (k), or (l).Reserved

(3) The county and the sponsor and sponsor affiliates may agree to waive any or all of the items described in this subsection."
D. Section 12-44-55 of the 1976 Code, as amended by Act 69 of 2003, is further amended to read:

"Section 12-44-55. (A) All agreements entered into pursuant to this chapter must include as the first portion of the document a recapitulation of the remaining contents of the document which includes, but is not limited to, the following:

(1) the legal name of each party to the agreement;

(2) the county and street address of the project and property to be subject to the agreement;

(3) the minimum investment agreed upon;

(4) the length and term of the agreement;

(5) the assessment ratio applicable for each year of the agreement;

(6) the millage rate applicable for each year of the agreement;

(7) a schedule showing the amount of the fee and its calculation for each year of the agreementReserved;

(8) a schedule showing the amount to be distributed annually to each of the affected taxing entitiesReserved;

(9) a statement answering the following questions:

(a) Is the project to be located in a multi-county park formed pursuant to Chapter 29 of Title 4?;

(b) Is disposal of property subject to the fee allowed?;

(c) Will special source revenue bonds be issued or credits for infrastructure investment be allowed in connection with this project?;

(d) Will payment amounts be modified using a net present value calculation?; and

(e) Do replacement property provisions apply?

(10) any other feature or aspect of the agreement which may affect the calculation of items (7) and (8) of this subsectionReserved;

(11) a description of the effect upon the schedules required by items (7) and (8) of this subsection of any feature covered by items (9) and (10) not reflected in the schedules for items (7) and (8) of this subsectionReserved;

(12) which party or parties to the agreement are responsible for updating any information contained in the summary document.

(B) The auditor shall prepare a bill for each installment of the fee according to the schedule set forth in subsection (A)(7) or as modified pursuant to subsection (A)(10), (11), or (12) and that payment must be distributed to the affected taxing entities according to the schedule in subsection (A)(8) or as modified pursuant to subsection (A)(10), (11), or (12). The county and the sponsor and sponsor affiliates may agree to waive any or all of the items described in this section."
E. Notwithstanding the general effective date of this act, subsections A and B of this section are effective for joint business and industrial park agreements, inducement agreements, and fee agreements entered into after January 1, 2005. /
Renumber sections to conform.
Amend title to conform.

Rep. NEILSON explained the amendment.
The amendment was then adopted.

Reps. COOPER, KIRSH and NEILSON proposed the following Amendment No. 2 (Doc Name COUNCIL\PT\2016MM04), which was adopted:
Amend the bill, as and if amended, the undesignated SECTION beginning on line 39 of page 5086-14, and ending on line 27 of page 5086-18, by deleting the undesignated SECTION in its entirety and inserting:
/ SECTION _____. A. Chapter 1, Title 4 of the 1976 Code is amended by adding:

"Section 4-1-160. Each county in which a joint industrial or business park is physically located that has entered into an agreement as defined in Section 4-1-170(A) shall file with the Department of Revenue, on forms provided by the department, a copy of the form within sixty days of the final reading of the ordinance or resolution which makes the joint industrial or business park agreement effective. The joint industrial or business park is not effective until the form is filed, but the department, for good cause, may waive the late filing for up to six months after the final reading. The department may specify the terms and conditions of the filing, including a requirement that the form be filed electronically. Information on the form, however, must reflect the relevant information required in the recapitulation as set forth in Section 4-12-45. The form is considered a public record for all purposes. The department is not responsible for the accuracy or updating, organizing, or collating the information it receives."
B. Notwithstanding the general effective date of this act, this SECTION is effective for joint business and industrial park agreements, inducement agreements, and fee agreements entered into after January 1, 2005. /
Renumber sections to conform.
Amend title to conform.

Rep. KIRSH explained the amendment.
The amendment was then adopted.

Reps. ANTHONY, HARRELL and NEILSON proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\ 12484MM04), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. The ultimate undesignated paragraph of Section 12-6-3360(M)(3) of the 1976 Code, as last amended by Act 168 of 2004, is further amended to read:

Notwithstanding any otheranother provision of law, 'new job' includes jobs created by a taxpayer when the taxpayer hires more than five hundred full-time individuals:

(a) at a manufacturing facility located in a county classified as least developeddistressed;

(b) immediately before their employment by the taxpayer, the individuals were employed by a company operating, as of the effective date of this paragraph, under Chapter 11 of the United States Bankruptcy Code; and

(c) the taxpayer, as an unrelated entity, acquires as of July 10, 2002,March 12, 2004, substantially all of the assets of the company operating under Chapter 11 of the United States Bankruptcy Code. /
Renumber sections to conform.
Amend title to conform.
Rep. ANTHONY explained the amendment.
The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 4 (Doc Name COUNCIL\GGS\22647HTC04), which was adopted:
Amend the bill, as and if amended, beginning on page 5, by striking SECTION 1 and inserting:
/ SECTION 1. A. Section 4-29-67(D)(2)(b) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:

"(b) for an investment exceeding one hundred million dollars an annual payment based on an alternative arrangement yielding a net present value of the sum of the fees for the life of the agreement not less than the net present value of the fee schedule as calculated pursuant to subsection (D)(2)(a). Net present value calculations performed pursuant to this subsection must use a discount rate equivalent to the yield in effect for new or existing United States Treasury bonds of similar maturity as published during the month in which the inducement agreement is executed. If no yield is available for the month in which the inducement agreement is executed, the last published yield for the appropriate maturity must be used. If there are no bonds of appropriate maturity available, bonds of different maturities may be averaged to obtain the appropriate maturity; or."
B. Section 4-29-67(F)(2)(b) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:

"(b) the new replacement property that qualifies for the fee provided in subsection (D)(2) is recorded using its income tax basis, and the fee is calculated using the millage rate and assessment ratio provided on the original fee property. The fee payment for replacement property must be based on subsection (D)(2)(a) or (c) if the investorsponsor originally used that method,without regard to present value."
C. Notwithstanding the general effective date of this act, this section takes effect upon approval of this act by the Governor, and except where otherwise specifically provided, applies for fee agreements entered into after September 30, 2004. /
Amend further, as and if amended, beginning on page 21, by striking SECTION 25 and inserting:
/ A. Section 12-44-50(A)(3) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:

"(3) If the project subject to the fee agreement involves an investment of at least forty-fiveone hundred million dollars, the county and the sponsor may agree to pay the fees established in subsection (A)(1) based on an alternative payment method yielding a net present value of the fee schedule as calculated in subsection (A)(1) provided the sponsor agrees to a millage rate as established in subsection (A)(1)(b)(i). Net present value calculations must use a discount rate equivalent to the yield in effect for new or existing United States Treasury bonds of similar maturity as published during the month in which the fee agreement is executed. If no yield is available for the month in which the fee agreement is executed, the last published yield for the appropriate maturity available must be used. If there are no bonds of appropriate maturity available, bonds of different maturities may be averaged to obtain the appropriate maturity."
B. Notwithstanding the general effective date of this act, this section takes effect upon approval of this act by the Governor and except where otherwise specifically provided, applies for fee agreements entered into after September 30, 2004. /
Renumber sections to conform.
Amend title to conform.

Rep. KIRSH explained the amendment.
The amendment was then adopted.

Reps. HARRELL and WILKINS proposed the following Amendment No. 5 (Doc Name COUNCIL\GGS\22637HTC04), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION _____. A. Section 12-6-40(A)(1) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:

"(1)(a)Except as otherwise provided, 'Internal Revenue Code' means the Internal Revenue Code of 1986, as amended through December 31, 20022003, and includes the effective date provisions contained in it.

(b)For purposes of Sections 63 and 179 of the Internal Revenue Code, the admendments made by sections 103 and 202 of the Jobs and Growth Tax Relief Reconciliation Act of 2003, P.L. 108-27 (May 28, 2003) are only effective for taxable years beginning after December 31, 2003."
B. That portion of Section 12-6-50 of the 1976 Code preceding item (1) is amended to read:

"For purposes of this chapter and references to the Internal Revenue Code and its sections, except as otherwise specifically provided, the following Internal Revenue Code Sectionsprovisions are specifically not adopted by this State:" /
Renumber sections to conform.
Amend title to conform.

Rep. HARRELL explained the amendment.
The amendment was then adopted.

Reps. HARRELL, WILKINS and NEILSON proposed the following Amendment No. 6 (Doc Name COUNCIL\GGS\22635HTC04), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION _____. (A) It is the intent of the General Assembly to maintain the conformity of the provisions of Chapter 16, Title 12 of the 1976 Code, the South Carolina Estate Tax Act with the applicable provisions of the Internal Revenue Code, as defined in Section 12-6-40(A) of the 1976 Code. Therefore, if a provision contained in any act or joint resolution enacted in the 2004 regular session of the General Assembly, including the annual general appropriations act for fiscal year 2004-2005, with either temporary or permanent effect, in any way decouples the application of the South Carolina Estate Tax Act from conforming with the applicable estate tax provisions of the Internal Revenue Code, such provision has no force or effect.

(B) Regardless of order or date of enactment of any act or joint resolution enacted in the 2004 regular session of the General Assembly, the provisions of this section are deemed the last expression of the intent of the General Assembly with respect to the application of the South Carolina Estate tax Act in the 2004 regular session of the General Assembly. /
Renumber sections to conform.
Amend title to conform.

Rep. HARRELL explained the amendment.
The amendment was then adopted.

Rep. HARRELL proposed the following Amendment No. 7 (Doc Name COUNCIL\GGS\22645HTC04), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION _____. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this , and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective. /
Renumber sections to conform.
Amend title to conform.

Rep. HARRELL explained the amendment.
The amendment was then adopted.

The question then recurred to the passage of the Bill, as amended, on second reading.

Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:

So, the Bill, as amended, was read the second time and ordered to third reading.

RECORD FOR VOTING

My voting console malfunctioned during the vote on H. 5086. I would have voted in favor of the Bill.

Rep. Converse Chellis

RECORD FOR VOTING

At the time roll call was taken on H. 5086, I was out of the Chamber serving on a Conference Committee for S. 104. Had I been present when roll call was taken, I would have voted in the affirmative on this Bill.

Rep. Brian White

H. 4127--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4127 (Word version) -- Reps. Wilkins, Harrell, Quinn, Harrison, W. D. Smith, Cotty, Cato, Young, G. R. Smith, Tripp, Leach, Pinson, Koon, Altman, Bingham, Ceips, Chellis, Clark, Davenport, Delleney, Duncan, Edge, Frye, Gilham, Hagood, Hamilton, Haskins, Herbkersman, Hinson, Keegan, Limehouse, Mahaffey, McGee, Merrill, M. A. Pitts, Rice, Sandifer, Scarborough, Skelton, D. C. Smith, G. M. Smith, J. R. Smith and Toole: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2003" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING ARTICLE 6 TO CHAPTER 3 OF TITLE 1 SO AS TO ESTABLISH THE DIVISION OF THE STATE CHIEF INFORMATION OFFICER TO BE HEADED BY THE STATE CHIEF INFORMATION OFFICER WHO IS APPOINTED BY THE BUDGET AND CONTROL BOARD UPON RECOMMENDATION OF THE GOVERNOR AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE DEPARTMENT; TO CREATE A JOINT INFORMATION FINANCE COMMITTEE AND THE INFORMATION TECHNOLOGY ARCHITECTURE REVIEW PANEL AND TO PROVIDE FOR THE FUNCTIONS, POWERS, AND RESPONSIBILITIES OF THE COMMITTEE AND PANEL, AND TO AMEND SECTION 11-35-1580, AS AMENDED, RELATING TO INFORMATION TECHNOLOGY PROCUREMENTS, SO AS TO DELETE CERTAIN RESPONSIBILITIES OF THE INFORMATION TECHNOLOGY MANAGEMENT OFFICE; AND BY ADDING CHAPTER 8 TO TITLE 1 SO AS TO CREATE THE OFFICE OF STATE INSPECTOR GENERAL AS A SEPARATE DIVISION WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE STATE INSPECTOR GENERAL MUST BE NOMINATED BY THE GOVERNOR AND ELECTED UNANIMOUSLY BY THE BUDGET AND CONTROL BOARD FOR A TERM COTERMINOUS WITH THAT OF THE GOVERNOR, TO PROVIDE FOR THE PURPOSE, DUTIES, RESPONSIBILITIES, AND AUTHORITY OF THE STATE INSPECTOR GENERAL, TO PROVIDE A DEFINITION OF "EXECUTIVE AGENCIES" FOR PURPOSES OF THIS CHAPTER, AND TO PROVIDE FOR THE RECEIPT AND INVESTIGATION OF COMPLAINTS RELATING TO IMPROPER OR UNLAWFUL ACTIVITY WITHIN EXECUTIVE AGENCIES OF THE STATE GOVERNMENT.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12459MM04.doc):
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:

/ Part I
Citation

SECTION 1. This act is known and may be cited as the "South Carolina Restructuring Act of 2004".

Part II
Department of Administration

SECTION 2. Section 1-30-10(A) of the 1976 Code, as amended by Act 83 of 1995, is further amended by adding at the end:

"20. Department of Administration"
SECTION 3. Chapter 30, Title 1 of the 1976 Code is amended by adding:

"Section 1-30-125. Effective July 1, 2004, the following offices, divisions, or components of the State Budget and Control Board, Office of the Governor, or other agencies are transferred to, and incorporated into, the Department of Administration, a department of the executive branch of state government headed by a director appointed by the Governor as provided in Section 1-30-10(B)(1)(i):

(1) Division of General Services Programs of Facilities Management, Business Operations, and Fleet Management;

(2) Office of Executive Policy and Programs;

(3) Office of Economic Opportunity;

(4) Intergovernmental and Community Relations;

(5) Developmental Disabilities Council;

(6) Office of Volunteer Services;

(7) Continuum of Care as established by Section 20-7-5610;

(8) Children's Foster Care as established by Section 20-7-2379;

(9) Veterans Affairs as established by Section 25-11-10;

(10) Commission on Women as established by Section 1-15-10;

(11) Victims Assistance as established by Article 13, Chapter 3, Title 16;

(12) Ombudsman as established by Section 16-3-1620; and

(13) Small and Minority Business as established by Section 11-35-5270."
SECTION 4. (A) Where the provisions of this act transfer offices, or portions of offices, of the Budget and Control Board, Office of the Governor, or other agencies to the new Department of Administration, the employees, authorized appropriations, and assets and liabilities of the transferred offices are also transferred to and become part of the Department of Administration. All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Administration, with the same compensation, classification, and grade level, as applicable. The Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations.

(B) Regulations promulgated by these transferred offices as they formerly existed under the Budget and Control Board, Office of the Governor, or other agencies are continued and are considered to be promulgated by these offices under the newly created Department of Administration.

(C) The Code Commissioner is directed to change or correct all references to these offices of the Budget and Control Board in the 1976 Code, Office of the Governor, or other agencies to reflect the transfer of them to the Department of Administration. References to the names of these offices in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate references. This authority shall not be construed to remove any authority from the Budget and Control Board for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring board approval.

Part III
Chief Information Officer

SECTION 5. Chapter 3, Title 1 of the 1976 Code is amended by adding:

"Article 6
State Chief Information Officer

Section 1-3-300. It is the intent of the General Assembly to create an instrumentality that provides leadership and direction for the use of information technology within government in South Carolina. The General Assembly recognizes the critical role information technology plays in providing cost-effective and efficient services to the citizens of this State. The General Assembly envisions an enterprise information system that provides an easily accessible, reliable, and accurate information infrastructure to enhance the quality and delivery of services.

(3) 'Division' means the Division of the Office of the State Chief Information Officer.

(4) 'Governmental body' means a state government department, commission, council, board, bureau, committee, institution, agency, government corporation, or other establishment or official of the executive branch. Governmental body excludes the General Assembly or its respective branches or its committees, the Judicial Branch, Legislative Council, the Office of Legislative Printing and Information Technology Resources, the South Carolina Department of Transportation, colleges, universities, technical schools, and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts.

(6) 'Information technology initiative' means an information technology project proposed by a governmental body or governmental bodies that exceeds a total estimated cost established by the board.

(7) 'Information technology plan' means a document prepared by a governmental body that includes, but is not limited to, the following:

(a) a statement of the governmental body's mission, goals, and objectives for information technology;

(b) an explanation of how the governmental body's mission, goals, objectives for information technology support and conform to the statewide strategic plan for information technology and statewide strategic information technology directions, standards, and enterprise architecture;

(c) a profile of the governmental body's current information technology resources and capabilities, including budget data;

(d) a description of information technology initiatives underway or proposed by the governmental body;

(e) a description of new or ongoing information technology projects being, or expected to be, undertaken by the governmental body, including budget data; and

Section 1-3-310. There is created the Division of the Office of the State Chief Information Officer within the Budget and Control Board. The division is under the supervision of the State Chief Information Officer.

Section 1-3-315. In addition to other responsibilities as the board may assign, the division shall:

(2) in consultation with the business panel and the oversight panel, develop for the approval of the board a process for the review and approval of information technology initiatives and plans of governmental bodies. Each governmental body is required to develop an information technology plan and submit the plan to the division for approval. The division may require modification to those plans that do not conform to statewide information technology plans, strategies, and standards;

(3) develop policies, standards, methodologies, and procedures for the effective management of information technology investments throughout their entire life cycles including, but not limited to, project management, procurement, development, implementation, operation, security, business continuity, performance evaluation, and enhancement or retirement;

(4) oversee the development of statewide and multiagency information technology projects of governmental bodies as approved by the board;

(5) monitor information technology initiatives approved by the board, the division may modify and suspend any information technology initiative that is not in compliance with statewide strategic plan or has not met the performance measures agreed to by the board the division, and the sponsoring governmental body. If the division suspends an information technology initiative or project, the governmental body or governmental bodies may seek a review of the suspension by the board, at its next regularly scheduled meeting. The division and the governmental body or governmental bodies may present information concerning the suspension to the board. The board's decision regarding suspension is final. The board may terminate any information technology initiative upon recommendation of the division;

(6) plan and forecast future needs for information technology and establish an information clearinghouse that identifies best practices and new developments and contains detailed information regarding the state's previous experiences with the development of information technology initiatives;

(7) evaluate requests from governmental bodies for exemptions from this chapter and recommend to the board whether the exemption requests are granted;

(8) in cooperation with governmental bodies, evaluate the information technology of governmental bodies to determine whether the merger of information technology and related resources is justified by sound business principles including, but not limited to, efficiency, cost effectiveness and cross agency information sharing. If the division determines the merger of the information technology of governmental bodies is appropriate, it shall sponsor an initiative and follow the approval process established under Section 1-3-315(2). The division shall merge any information technology and related resources of governmental bodies only upon approval of the board;

(9) provide information technology and telecommunications facilities and services in a manner determined by the board or as required by law;

(10) be responsible for compiling a comprehensive inventory of information technology maintained by governmental bodies;

(11) provide support and subject matter expertise to the board, the committee, the business panel, and the oversight panel; and

(12) exercise and perform other powers and duties as granted to it, imposed upon it by law or necessary to carry out the purposes of this article.

Section 1-3-320. (A) There is created a joint committee of the General Assembly to be known as the Joint Information Technology Review Committee consisting of ten members. The Chairman of the Senate Finance Committee shall appoint five members, three of whom must be appointed from the Senate Finance Committee and two appointed from the remaining membership of the Senate. The Chairman of the House Ways and Means Committee shall appoint five members, three of whom must be appointed from the House Ways and Means Committee and two appointed from the remaining membership of the House of Representatives. Terms of members of the committee shall correspond to the terms for which they are elected to the General Assembly. The committee shall elect officers of the committee, but individuals elected as officers may succeed themselves if elected to do so.

(B) The responsibilities of the committee include, but are not limited to, the following:

(1) review the reports and recommendations from the business panel and the oversight panel on information technology initiatives to determine if the expenditure of funds for the information technology initiatives is justified by sound business and technological principles and standards;

(2) provide to the board those information technology initiatives recommended for board approval;

(4) carry out all the above assigned responsibilities in consultation and cooperation with the board, the division, and the appropriate governmental bodies; and

(5) report its findings and recommendations to the House Ways and Means Committee and the Senate Finance Committee annually or upon request of these committees.

(C) The staffs of the General Assembly shall provide assistance as requested by the committee.

Section 1-3-325. (A) The State Chief Information Officer shall determine the number and composition of the Information Technology Business Case Review Panel to include representatives from governmental bodies and other entities. In addition to those members appointed by the State Chief Information Officer, the business panel shall include two members from the private sector appointed by the chairman of the Senate Finance Committee and two members from the private sector appointed by the chairman of the House Ways and Means Committee. The panel shall review the information technology initiatives of governmental bodies and advise the State Chief Information Officer on matters relating to the development and implementation of information technology standards, policies, and procedures.

(B) The responsibilities of the business panel include the following:

(1) in conjunction with the division, and subject to Board approval, the business panel shall recommend and implement a process to assess if the expenditure of state funds for an information technology initiative is justified by sound business principles. This process must include, but is not limited to, an assessment of the return on investment projection of the information technology initiative and an assessment of if the information technology initiative is redundant with the existing technology of the governmental body proposing the information technology initiative or the existing technology of other governmental bodies; and

(2) carry out all other responsibilities assigned to it by the board or the State Chief Information Officer.

(C) The business panel shall provide a written assessment of the information technology initiative to the committee and the division. In addition to the information contained in subsection (B), this assessment may include the business panel's recommendation as to whether the information technology initiative should be adopted.

(D) Members serve without compensation, but are allowed the usual per diem and mileage as provided by law for members of boards, commissions, and committees while on official business. Members who are full-time state employees may not receive per diem.

Section 1-3-330. (A) The State Chief Information Officer shall determine the number and composition of the Information Technology Architecture Oversight Panel to include representatives from governmental bodies and other entities.

(B) The responsibilities of the oversight panel include:

(1) in conjunction with the division, and subject to Board approval, to recommend and implement a process to assess if information technology initiative adheres to the coordinated statewide strategic plan for information technology and the information technology plan of the governmental body proposing the information technology initiative, and to assess the technological soundness of the information technology initiative; and

(2) to advise the State Chief Information Officer on matters relating to the development and implementation of information technology standards, policies, and procedures; and

(3) to carry out all other responsibilities assigned to it by the board or the State Chief Information Officer.

(C) The oversight panel shall provide a written assessment of the information technology initiative to the committee and the division. In addition to the information contained in subsection (B), this assessment may include the oversight panel's recommendation as to whether the information technology initiative should be adopted.

(D) Members serve without compensation, but are allowed the usual per diem and mileage as provided by law for members of boards, commissions, and committees while on official business. Members who are full-time state employees may not receive per diem.

Section 1-3-335. There is created an Information Technology Innovation Fund to be administered by the division. The fund must provide incentives to governmental bodies to implement enterprise information technology initiatives and electronic government projects. The fund must encourage governmental bodies to use information technology to improve the delivery of services and reduce costs. The fund must not be used to replace or offset appropriations for recurring technology expenditures and operations. The fund consists of money appropriated through the state budget process, grants, gifts, donations, or other money designated by the division. The division, subject to the approval of the board, shall develop appropriate procedures for the allocation and distribution of money contained in the fund."
SECTION 6. Section 11-35-1580(1) of the 1976 Code, as last amended by Act 153 of 1997, is further amended to read:

(b) administering all procurement and contracting activities undertaken for governmental bodies involving information technology in accordance with this chapter; and

(c)(b) providing for the disposal of all information technology property surplus to the needs of a using agency;.

(d)evaluating the use and management of information technology;

(e)operating a comprehensive inventory and accounting reporting system for information technology;

(f)developing policies and standards for the management of information technology in state government;

(g)initiating a state plan for the management and use of information technology;

(h)providing management and technical assistance to state agencies in using information technology; and

(i)establishing a referral service for state agencies seeking technical assistance or information technology services."

Part IV
Inspector General
SECTION 7. Title 1 of the 1976 Code is amended by adding:
"CHAPTER 8
State Inspector General

Section 1-8-10. Effective January 1, 2005, the Office of the State Inspector General is created as a separate division within the South Carolina Department of Administration. The Office of State Inspector General must be headed by a State Inspector General who must be appointed by the Governor, with the advice and consent of the Senate, for a term to be coterminous with that of the Governor. The Inspector General shall serve until his successor is appointed and qualifies. Vacancies must be filled in the manner of original selection. The State Inspector General may be removed from office at the discretion of the Governor by an executive order pursuant to Section 1-3-240(B). The State Inspector General shall supervise the Office of State Inspector General under the direction and control of the Department of Administration and shall exercise other powers and perform other duties as the department requires.

Section 1-8-20. (A) For purposes of this chapter, 'executive agency' or 'executive agencies' means any office, agency, or another instrumentality of the executive branch of the state government other than the South Carolina National Guard, and includes state technical schools and state colleges and universities.

(B) The purpose of the Office of State Inspector General is to:

(1) deter, detect, prevent, and eradicate fraud, waste, misconduct, and abuse in the programs, operations, and contracting of all government agencies within the executive branch of the state government;

(2) keep the heads of executive agencies and the Governor fully informed about problems, errors, omissions, misconduct, and deficiencies relating to or arising out of the administration of programs, operations, and contracting in executive agencies;

(3) provide leadership, coordination, and control over satellite Inspector General offices in designated executive agencies to ensure a coordinated and efficient administration of duties and use of staff.

(C) Agency or satellite Inspector General offices established in executive agencies must report to and follow the direction of the State Inspector General.

(D) The state Office of Inspector General and the State Inspector General have no jurisdiction, power, or authority over the South Carolina National Guard, the Inspector General of the South Carolina National Guard, or matters falling under the jurisdiction or cognizance of the Adjutant General or the Inspector General of the South Carolina National Guard or over the legislative and judicial branches of government.

Section 1-8-30. (A) It is the duty and responsibility of the State Inspector General to:

(3) recommend policies for and conduct, supervise, and coordinate activities designed to deter, detect, prevent, and eradicate fraud, waste, misconduct, and abuse in executive agencies;

(4) report expeditiously to and cooperate fully with the Attorney General. Whenever the State Inspector General has reasonable grounds to believe there has been a violation of criminal law or that a civil action should be initiated by the State, the State Inspector General shall immediately refer the matter to the Attorney General and the Budget and Control Board. The Attorney General is responsible for criminal prosecution or civil litigation and may refer matters to the State Grand Jury, a circuit solicitor, or the appropriate agency for criminal prosecution or civil litigation;

(5) refer matters to the heads of executive agencies whenever the State Inspector General determines that disciplinary or other administrative action is appropriate.

(B) The Office of Inspector General and the State Inspector General are authorized and directed to take any lawful action that is necessary and proper for the discharge of their duties and responsibilities under this chapter.

Section 1-8-40. (A) In addition to the authority otherwise provided in this chapter, the State Inspector General, in carrying out the duties and responsibilities of his office, is authorized to:

(1) make investigations and reports relating to the administration of the programs and operations of an executive agency as are, in the judgment of the State Inspector General, necessary or desirable. If the State Inspector General determines that a report should be issued, he shall consult with the Attorney General before issuing the report to ensure against an adverse impact on a grand jury proceeding or prosecution being conducted by the Attorney General, a circuit solicitor, or a law enforcement agency;

(2) request information or assistance necessary for carrying out the duties and responsibilities provided by this chapter from a federal, state, or local government agency or unit thereof;

(3) require and obtain immediately by written notice from officers and employees of executive agencies and the executive department, to the fullest extent permitted by law, information, documents, reports, answers, records, accounts, papers, and other necessary data and documentary evidence. If deemed necessary and upon approval of the Department of Administration, on a case by case basis, the State Inspector General has subpoena powers;

(4) have direct and prompt access to the heads of executive agencies when necessary for a purpose pertaining to the performance of functions and responsibilities under this chapter;

(5) select, appoint, and employ officers and employees necessary for carrying out the functions, powers, and duties of the office. The officers and employees must be employed in accordance with current personnel practices and procedures of the Department of Administration and may be assigned by the State Inspector General to designated executive agencies.

(B) Upon request of the State Inspector General for information or assistance, executive agencies immediately shall furnish the information and assistance to the State Inspector General or an authorized designee.

(C) If information or assistance requested is, in the judgment of the State Inspector General, unreasonably refused or not provided, the State Inspector General may report the circumstances to the head of the agency, the Attorney General, and the Department of Administration for appropriate action.

Section 1-8-50. (A) The State Inspector General may receive and investigate complaints or information concerning the possible existence of an activity in an executive branch agency constituting a violation of law, rules or regulations, or mismanagement, fraud, waste of funds, abuse of authority, malfeasance, misfeasance, nonfeasance, or a substantial and specific danger to the public health and safety.

(B) The Office of the State Inspector General is authorized and directed to promulgate regulations to implement the polices and purposes of this chapter including, but not limited to, regulations establishing a hotline for reporting fraud, waste, and abuse and a system of monetary rewards for persons whose reports of fraud, waste, or abuse result in savings to the State, the prevention of loss, or the recovery of money or property owed to or belonging to the State or an executive agency.

(C) A person may not take or threaten to take action against an employee as a reprisal for making a complaint or disclosing information to the State Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with wilful disregard for its truth or falsity.

(D) The protections in this chapter for employees who report fraud, waste, misconduct, malfeasance, misfeasance, nonfeasance, or abuse in good faith are in addition and cumulative to protections provided by another law."

PART V
Conforming Amendments

SECTION 8. A. Section 1-11-220 of the 1976 Code is amended to read:

"Section 1-11-220. There is hereby established within the Budget and Control BoardSouth Carolina Department of Administration,the Division of Motor Vehicle ManagementGeneral Services, Program of Fleet Management headed by a Director, hereafter referred to as the 'State Fleet Manager' appointed by and reporting directly to the Budget and Control Boarddepartment, hereafter referred to as the Board. The Boarddepartment shall develop a comprehensive state Fleet Management Program. The program shall address acquisition, assignment, identification, replacement, disposal, maintenance, and operation of motor vehicles.

The Budget and Control Boarddepartment shall, through theirits policies and regulations, seek to achieve the following objectives:

(a) to achieve maximum cost-effectiveness management of state-owned motor vehicles in support of the established missions and objectives of the agencies, boards, and commissions.

(b) to eliminate unofficial and unauthorized use of state vehicles.

(c) to minimize individual assignment of state vehicles.

(d) to eliminate the reimbursable use of personal vehicles for accomplishment of official travel when this use is more costly than use of state vehicles.

(e) to acquire motor vehicles offering optimum energy efficiency for the tasks to be performed.

(f) to insure motor vehicles are operated in a safe manner in accordance with a statewide Fleet Safety Program."
B. Section 1-11-225 of the 1976 Code is amended to read:

"Section 1-11-225. The Division of OperationsSouth Carolina Department of Administration shall establish a cost allocation plan to recover the cost of operating the comprehensive statewide Fleet Management Program. The division shall collect, retain, and carry forward funds to ensure continuous administration of the program."
C. Section 1-11-250 and 1-11-260, both as last amended by Act 311 of 2002; Section 1-11-270(A), as last amended by Act 145 of 1995; Sections 1-11-280 and 1-11-290; Section 1-11-300, as last amended by Act 419 of 1998; Section 1-11-310, as last amended by Act 459 of 1996; Section 1-11-315, as added by Act 449 of 1992; Section 1-11-320; Section 1-11-335, as added by Act 145 of 1995; and Section 1-11-340 are amended to read:

"Section 1-11-250. For purposes of Sections 1-11-220 to 1-11-330:

(a) 'State agency' means all officers, departments, boards, commissions, institutions, universities, colleges, and all persons and administrative units of state government that operate motor vehicles purchased, leased, or otherwise held with the use of state funds, pursuant to an appropriation, grant or encumbrance of state funds, or operated pursuant to authority granted by the State.

(b) 'BoardDepartment' means State Budget and Control Boardthe South Carolina Department of Administration.

Section 1-11-260. (A) The Fleet Manager shall report annually to the Budget and Control Boarddepartment and the General Assembly concerning the performance of each state agency in achieving the objectives enumerated in Sections 1-11-220 through 1-11-330 and include in the report a summary of the division'sprogram's efforts in aiding and assisting the various state agencies in developing and maintaining their management practices in accordance with the comprehensive statewide Motor VehicleFleet Management Program. This report also shall contain recommended changes in the law and regulations necessary to achieve these objectives.

(B) The boarddepartment , after consultation with state agency heads, shall promulgate and enforce state policies, procedures, and regulations to achieve the goals of Sections 1-11-220 through 1-11-330 and shall recommend administrative penalties to be used by the agencies for violation of prescribed procedures and regulations relating to the Fleet Management Program.

Section 1-11-270. (A) The boarddepartment shall establish criteria for individual assignment of motor vehicles based on the functional requirements of the job, which shall reduce the assignment to situations clearly beneficial to the State. Only the Governor, statewide elected officials, and agency heads are provided a state-owned vehicle based on their position.

Section 1-11-280. The Boarddepartment shall develop a system of agency-managed and interagency motor pools which are, to the maximum extent possible, cost beneficial to the State. All motor pools shall operate according to regulations promulgated by the Budget and Control Boarddepartment. Vehicles shall be placed in motor pools rather than being individually assigned except as specifically authorized by the Boarddepartment in accordance with criteria established by the Boarddepartment. The motor pool operated by the Division of General Services shall be transferred to the Division of Motor Vehicle Management. Agencies utilizing motor pool vehicles shall utilize trip log forms approved by the Boarddepartment for each trip, specifying beginning and ending mileage and the job function performed.

The provisions of this section shall not apply to school buses and service vehicles.

Section 1-11-290. The Boarddepartment in consultation with the agencies operating maintenance facilities shall study the cost-effectiveness of such facilities versus commercial alternatives and shall develop a plan for maximally cost-effective vehicle maintenance. The Budget and Control Boarddepartment shall promulgate rules and regulations governing vehicle maintenance to effectuate the plan.
The State Vehicle Maintenance program shall include:

(a) central purchasing of supplies and parts;

(b) an effective inventory control system;

(c) a uniform work order and record-keeping system assigning actual maintenance cost to each vehicle; and

(d) preventive maintenance programs for all types of vehicles.

All motor fuels shall be purchased from state facilities except in cases where such purchase is impossible or not cost beneficial to the State.

All fuels, lubricants, parts and maintenance costs including those purchased from commercial vendors shall be charged to a state credit card bearing the license plate number of the vehicle serviced and the bill shall include the mileage on the odometer of the vehicle at the time of service.

Section 1-11-300. In accordance with criteria established by the boarddepartment, each agency shall develop and implement a uniform cost accounting and reporting system to ascertain the cost per mile of each motor vehicle used by the State under their control. Agencies presently operating under existing systems may continue to do so provided that boarddepartmental approval shall beis required and that the existing systems shall beare uniform with the criteria established by the boarddepartment. All expenditures on a vehicle for gasoline and oil shall be purchased in one of the following ways:

(1) from state-owned facilities and paid for by the use of Universal State Credit Cards except where agencies purchase these products in bulk;

(2) from any fuel outlet where gasoline and oil are sold regardless of whether the outlet accepts a credit or charge card when the purchase is necessary or in the best interest of the State; and

(3) from a fuel outlet where gasoline and oil are sold when that outlet agrees to accept the Universal State Credit Card.

These provisions regarding purchase of gasoline and oil and usability of the state credit card also apply to alternative transportation fuels where available. The Budget and Control Board Division of Operationsdepartment shall adjust the budgetary appropriation in Part IA, Section 63B, for 'Operating Expenses--Lease Fleet' to reflect the dollar savings realized by these provisions and transfer such amount to other areas of the State Fleet Management Program. The Boarddepartment shall promulgate regulations regarding the purchase of motor vehicle equipment and supplies to ensure that agencies within a reasonable distance are not duplicating maintenance services or purchasing equipment that is not in the best interest of the State. The Boarddepartment shall develop a uniform method to be used by the agencies to determine the cost per mile for each vehicle operated by the State.

Section 1-11-310. (A) The State Budget and Control BoardSouth Carolina Department of Administration shall purchase, acquire, transfer, replace, and dispose of all motor vehicles on the basis of maximum cost-effectiveness and lowest anticipated total life cycle costs.

(B) The standard state fleet sedan or station wagon must be no larger than a compact model and the special state fleet sedan or station wagon must be no larger than an intermediate model. The director of the Division of Motor Vehicle ManagementState Fleet Manager shall determine the types of vehicles which fit into these classes. Only these classes of sedans and station wagons may be purchased by the State for nonlaw enforcement use.

(C) The State shall purchase police sedans only for the use of law enforcement officers, as defined by the Internal Revenue Code. Purchase of a vehicle under this subsection must be concurred in by the director of the Division of Motor Vehicle ManagementState Fleet Manager and must be in accordance with regulations promulgated or procedures adopted under Sections 1-11-220 through 1-11-340 which must take into consideration the agency's mission, the intended use of the vehicle, and the officer's duties. Law enforcement agency vehicles used by employees whose job functions do not meet the Internal Revenue Service definition of 'Law Enforcement Officer' must be standard or special state fleet sedans.

(D) All state motor vehicles must be titled to the State and must be received by and remain in the possession of the DivisionProgram of Motor VehicleFleet Management pending sale or disposal of the vehicle.

(E) Titles to school buses and service vehicles operated by the State Department of Education and vehicles operated by the South Carolina Department of Transportation must be retained by those agencies.

(F) Exceptions to requirements in subsections (B) and (C) must be approved by the director of the Division of Motor Vehicle ManagementState Fleet Manager. Requirements in subsection (B) do not apply to the State Development Board.

(G) Preference in purchasing state motor vehicles must be given to vehicles assembled in the United States with at least seventy-five percent domestic content as determined by the appropriate federal agency.

Section 1-11-315. The State Budget and Control BoardSouth Carolina Department of Administration, Division of General Services, program ofMotor VehicleFleet Management, shall determine the extent to which the state vehicle fleet can be configured to operate on alternative transportation fuels. This determination must be based on a thorough evaluation of each alternative fuel and the feasibility of using such fuels to power state vehicles. The state fleet must be configured in a manner that will serve as a model for other corporate and government fleets in the use of alternative transportation fuel. By March 1, 1993, the DivisionProgram of Motor VehicleFleet Management must submit a plan to the General Assembly for the use of alternative transportation fuels for the state vehicle fleet that will enable the state vehicle fleet to serve as a model for corporate and other government fleets in the use of alternative transportation fuel. This plan must contain a cost/benefit analysis of the proposed changes.

Section 1-11-320. The Boarddepartment shall ensure that all state-owned motor vehicles are identified as such through the use of permanent state-governmentstate government license plates and either state or agency seal decals. No vehicles shall be exempt from the requirements for identification except those exempted by the Boarddepartment.
This section shall not apply to vehicles supplied to law enforcement officers when, in the opinion of the Boarddepartment after consulting with the Chief of the State Law Enforcement Division, those officers are actually involved in undercover law enforcement work to the extent that the actual investigation of criminal cases or the investigators' physical well-being would be jeopardized if they were identified. The Boarddepartment is authorized to exempt vehicles carrying human service agency clients in those instances in which the privacy of the client would clearly and necessarily be impaired.

Section 1-11-335. The respective divisions of the Budget and Control Boardand the South Carolina Department of Administration are authorized to provide to and receive from other governmental entities, including other divisions and state and local agencies and departments, goods and services, as will in its opinion promote efficient and economical operations. The divisions may charge and pay the entities for the goods and services, the revenue from which shall be deposited in the state treasury in a special account and expended only for the costs of providing the goods and services, and such funds may be retained and expended for the same purposes.

Section 1-11-340. The Boarddepartment shall develop and implement a statewide Fleet Safety Program for operators of state-owned vehicles which shall serve to minimize the amount paid for rising insurance premiums and reduce the number of accidents involving state-owned vehicles. The Boarddepartment shall promulgate rules and regulations requiring the establishment of an accident review board by each agency and mandatory driver training in those instances where remedial training for employees would serve the best interest of the State."
SECTION 9. A. Chapter 9, Title 3 of the 1976 Code is amended to read:

"CHAPTER 9
Acquisition And Distribution Of Federal Surplus Property

Section 3-9-10. (a) The Division of General Services of the State Budget and Control BoardSouth Carolina Department of Administration is authorized:

(1) To acquire from the United States of America under and in conformance with the provisions of Section 203 (j) of the Federal Property and Administrative Services Act of 1949, as amended, hereafter referred to as the 'act,' such property, including equipment, materials, books, or other supplies under the control of any department or agency of the United States of America as may be usable and necessary for purposes of education, public health or civil defense, including research for any such purpose, and for such other purposes as may now or hereafter be authorized by federal law;

(2) To warehouse such property; and

(3) To distribute such property within the State to tax-supported medical institutions, hospitals, clinics, health centers, school systems, schools, colleges and universities within the State, to other nonprofit medical institutions, hospitals, clinics, health centers, schools, colleges and universities which are exempt from taxation under Section 501 (c) (3) of the United States Internal Revenue Code of 1954, to civil defense organizations of the State, or political subdivisions and instrumentalities thereof, which are established pursuant to State law, and to such other types of institutions or activities as may now be or hereafter become eligible under Federal law to acquire such property.

(b) The Division of General Services of the Department of Administration is authorized to receive applications from eligible health and educational institutions for the acquisition of Federal surplus real property, investigate the applications, obtain expression of views respecting the applications from the appropriate health or educational authorities of the State, make recommendations regarding the need of such applicant for the property, the merits of its proposed program of utilization, the suitability of the property for the purposes, and otherwise assist in the processing of the applications for acquisition of real and related personal property of the United States under Section 203 (k) of the act.

(c) For the purpose of executing its authority under this chapter, the Division of General Services is authorized to adopt, amend or rescind rules and regulations and prescribe such requirements as may be deemed necessary; and take such other action as is deemed necessary and suitable, in the administration of this chapter, to assure maximum utilization by and benefit to health, educational and civil defense institutions and organizations within the State from property distributed under this chapter.

(d) The Budget and Control BoardSouth Carolina Department of Administration is authorized to appoint advisory boards or committees, and to employ such personnel and prescribe their duties as are deemed necessary and suitable for the administration of this chapter.

(e) The Director of the Division of General Services is authorized to make such certifications, take such action and enter into such contracts, agreements and undertakings for and in the name of the State (including cooperative agreements with any federal agencies providing for utilization of property and facilities by and exchange between them of personnel and services without reimbursement), require such reports and make such investigations as may be required by law or regulation of the United States of America in connection with the receipt, warehousing and distribution of personal property received by him from the United States of America.

(f) The Division of General Services is authorized to act as clearinghouse of information for the public and private nonprofit institutions, organizations and agencies referred to in subparagraph (a) of this section and other institutions eligible to acquire federal surplus personal property, to locate both real and personal property available for acquisition from the United States of America, to ascertain the terms and conditions under which such property may be obtained, to receive requests from the above-mentioned institutions, organizations and agencies and to transmit to them all available information in reference to such property, and to aid and assist such institutions, organizations and agencies in every way possible in the consummation of acquisitions or transactions hereunder.

(g) The Division of General Services, in the administration of this chapter, shall cooperate to the fullest extent consistent with the provisions of the act,and with the departments or agencies of the United States of America,and shall file a State plan of operation, and operate in accordance therewith, and take such action as may be necessary to meet the minimum standards prescribed in accordance with the act, and make such reports in such form and containing such information as the United States of America or any of its departments or agencies may from time to time require, and it shall comply with the laws of the United States of America and the rules and regulations of any of the departments or agencies of the United States of America governing the allocation, transfer, use or accounting for, property donable or donated to the State.

Section 3-9-20. The Director of the Division of General Services may delegate such power and authority as he deems reasonable and proper for the effective administration of this chapter. The State Budget and Control BoardSouth Carolina Department of Administration may require bond of any person in the employ of the Division of General Services receiving or distributing property from the United States under authority of this chapter.

Section 3-9-30. Any charges made or fees assessed by the Division of General Services for the acquisition, warehousing, distribution or transfer of any property of the United States of America for educational, public health or civil defense purposes, including research for any such purpose, or for any purpose which may now be or hereafter become eligible under the act, shall be limited to those reasonably related to the costs of care and handling in respect to its acquisition, receipt, warehousing, distribution or transfer.

Section 3-9-40. The provisions of this chapter shall not apply to the acquisition of property acquired by agencies of the State under the priorities established by Section 308 (b), Title 23, United States Code, Annotated."
B. Sections 10-1-10, 10-1-20, 10-1-30, 10-1-40, and 10-1-50 of the 1976 Code are amended to read:

"Section 10-1-10. The State Budget and Control BoardSouth Carolina Department of Administration, Division of General Services, shall keep, landscape, cultivate and beautify the State House and State House grounds with authority to expend such amounts as may be annually appropriated therefor. The Boarddepartment shall employ all help and labor in policing, protecting and caring for the State House and State House grounds and shall have full authority over them.

Section 10-1-20. The State Budget and Control Boarddepartment shall report to the General Assembly annually all its acts and doings in the improvement of said grounds, together with an itemized statement of all money expended.

Section 10-1-30. The Director of the Division of General Services of the State Budget and Control BoardSouth Carolina Department of Administration may authorize the use of the State House lobbies, the State House steps and grounds, and other public buildings and grounds in accordance with regulations promulgated by the boarddepartment. The director shall obtain the approval of the Clerk of the Senate before authorizing any use of the Gressette Building and shall obtain the approval of the Clerk of the House of Representatives before authorizing any use of the Blatt Building. The regulations must contain provisions to insureensure that the public health, safety, and welfare will beare protected in the use of the areas including reasonable time, place, and manner restrictions and application periods before use. If sufficient measures cannot be taken to protect the public health, safety, and welfare, the director shall deny the requested use. Other restrictions may be imposed on the use of the areas as are necessary for the conduct of business in those areas and the maintenance of the dignity, decorum, and aesthetics of the areas.

Section 10-1-40. There is hereby established a committee to be known as the 'State House Committee', consisting of five members of the Senate, appointed by the Lieutenant Governor and five members of the House of Representatives, appointed by the Speaker, whose duties shall be to review all proposals for alterations and/or renovations to the State House. No alterations or renovations shall be undertaken without the approval of this committee.

Section 10-1-50. The State Budget and Control BoardSouth Carolina Department of Administration is hereby directed to require that all State or Federal agencies to be housed in the new State office building shall pay rent therefor at a square foot rate to be determined by the State Budget and Control Boarddepartment, such rent to begin on and continue after July 1, 1965. The revenue derived from the rental paid for space in the said building shall be used by the State Budget and Control Boarddepartment to apply to the amortization of the cost of the said building, the new office and laboratory building of the Department of Health and Environmental Control, the purchase of the Standard Oil building on Gervais Street, the equipment for and renovation of the other State office buildings, and for certain other parcels of land previously bought for the account of the State sinking funds in connection with the building program cited above. The total expenditures for which this program is provided shall not exceed the sum of six million five hundred thousand dollars. The amortization of this debt shall be on the basis of three per cent interest for a period of twenty-five years."
C. Section 10-1-130 of the 1976 Code is amended to read:

"Section 10-1-130. The trustees or governing bodies of State institutions and agencies may grant easements and rights of way over any property under their control, upon the concurrence and acquiescence of the State Budget and Control BoardSouth Carolina Department of Administration, whenever it appears that such easements will not materially impair the utility of the property or damage it and, when a consideration is paid therefor, any such amounts shall be placed in the State Treasury to the credit of the institution or agency having control of the property involved."
D. Section 10-1-160 of the 1976 Code, as last amended by Act 292 of 2000, is further amended to read:

"Section 10-1-160. (A) The United States flag and the State flag shall be flown daily, except in rainy weather, from a staff upon the State House, and shall be displayed above the rostrum in the chambers of the House of Representatives and the Senate and in the first floor north foyer of the State House. No other flag shall be displayed in these locations or atop the dome or roof, or within the foyers or common or public areas within the capitol building. The State Budget and Control BoardSouth Carolina Department of Administration shall purchase suitable flags for display at the State House locations and cause them to be displayed, the expense to be borne out of the funds appropriated to it.

(B) The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.

(C) The term 'chambers' of the House or Senate for purposes of this section does not include individual members' offices. The provisions of this section do not prohibit a private individual on the capitol complex grounds from wearing as a part of his clothing or carrying or displaying any type of flag including a Confederate Flag."
E. Sections 10-1-180 and 10-1-190 of the 1976 Code, both as added by Act 145 of 1995, are amended to read:

"Section 10-1-180. The expenditure of funds by any state agency, except the Department of Transportation for permanent improvements as defined in the state budget, is subject to approval and regulation of the State Budget and Control BoardSouth Carolina Department of Administration. The boarddepartment shall have authority to allot to specific projects from funds made available for such purposes, such amounts as are estimated to cover the respective costs of such projects, to declare the completion of any such projects, and to dispose, according to law, of any unexpended balances of allotments, or appropriations, or funds otherwise provided for such projects, upon the completion thereof. The approval of the Budget and Control Boarddepartment is not required for minor construction projects, including renovations and alterations, where the cost does not exceed an amount determined by the Joint Bond Review Committee and the Budget and Control Boarddepartment.

All construction, improvement, and renovation of state buildings shall comply with the applicable standards and specifications set forth in each of the following codes: The Standard Building Code, The Standard Existing Building Code, The Standard Gas Code, The Standard Mechanical Code, The Standard Plumbing Code and The Standard Fire Prevention Code, all as adopted by the Southern Building Code Congress International, Inc.; and the National Electrical Code NFPA 70, The National Electrical Safety Code-ANSI-C2, The National Fire Protection Association Standard-NFPA 59, all with the code editions, revision years, and deletions as specified in the Manual For Planning and Execution of State Permanent Improvements. The State Engineer shall determine the enforcement and interpretation of the aforementioned codes and referenced standards on state buildings. Any interested local officials shall coordinate their comments related to state buildings through the State Engineer and shall neither delay construction nor delay or deny water, sewer, power, other utilities, or firefighting services. Agencies may appeal to the Director of Office ofthe Division of General Services of the Department of Administration regarding the application of these codes to state buildings.

Section 10-1-190. As part of the approval process relating to trades of state property for nonstate property, the Budget and Control BoardSouth Carolina Department of Administration is authorized to approve the application of any net proceeds resulting from such a transaction to the improvement of the property held by the boarddepartment."
F. Section 10-7-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 10-7-10. All insurance on public buildings and on the contents thereof of the State and of all institutions supported in whole or in part by the State shall be carried by the State Budget and Control BoardSouth Carolina Department of Administration. Any building or buildings, and the contents thereof, owned by the Department of Transportation may be insured by the State Budget and Control BoardDepartment of Administration, with the consent or approval of such boarddepartmentthe Department of Administration, or the Department of Transportation shall have the alternative of assuming its own risks."
G. Section 10-11-10 of the 1976 Code is amended to read:

"Section 10-11-10. It shall be unlawful for any person, without the permission of the State Budget and Control Board or a member of that BoardSouth Carolina Department of Administration, to enter upon or walk upon the roof of the State House. Any person violating the provisions of this section shall be punished by a fine of not more than one hundred dollars or imprisoned for not more than thirty days on the public works of Richland County for each offense."
H. Section 10-11-50 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 10-11-50. It shall be unlawful for anyone to park any vehicle on any of the property described in Section 10-11-40 and subsection (2) of Section 10-11-80 except in the spaces and manner now marked and designated or that may hereafter be marked and designated by the State Budget and Control BoardSouth Carolina Department of Administration, in cooperation with the Department of Transportation, or to block or impede traffic through the alleys and driveways."
I. Section 10-11-90 of the 1976 Code is amended to read:

"Section 10-11-90. The watchmen and policemen employed by the Budget and Control Board for the protection of the property described in Sections 10-11-30 and 10-11-40 and subsection (2) of Section 10-11-80 are hereby vested with all of the powers, privileges and immunities of constables while on this area or in fresh pursuit of those violating the law in this area, provided that such watchmen and policemen take and file the oath required of peace officers, execute and file bond in the form required of State constables, in the amount of one thousand dollars, with the Budget and Control Board, and be duly commissioned by the Governor."
J. Section 10-11-110 of the 1976 Code is amended to read:

"Section 10-11-110. In connection with traffic and parking violations only, the watchmen and policemen referred to in Section 10-11-90, State highway patrolmen and policemen of the city of Columbia shall have the right to issue and use parking tickets of the type used by the city of Columbia, with such changes as are necessitated hereby, to be prepared and furnished by the Budget and Control BoardSouth Carolina Department of Administration, upon the issuance of which the procedures shall be followed as prevail in connection with the use of parking tickets by the city of Columbia. Nothing herein shall restrict the application and use of regular arrest warrants."
K. Section 10-11-140 of the 1976 Code is amended to read:

"Section 10-11-140. Nothing contained in this article shall be construed to abridge the authority of the State Budget and Control Board to grant permission to use the State House grounds for educational, electrical decorations and similar purposes."
L. Section 10-11-330 of the 1976 Code is amended to read:

"Section 10-11-330. It shall be unlawful for any person or group of persons willfully and knowingly: (a) to enter or to remain within the capitol building unless such person is authorized by law or by rules of the House or Senate or of the State Budget and Control BoardSouth Carolina Department of Administration when such entry is done for the purpose of uttering loud, threatening and abusive language or to engage in any disorderly or disruptive conduct with the intent to impede, disrupt or disturb the orderly conduct of any session of the legislature or the orderly conduct within the building or of any hearing before or any deliberation of any committee or subcommittee of the legislature; (b) to obstruct or to impede passage within the capitol grounds or building; (c) to engage in any act of physical violence upon the capitol grounds or within the capitol building; or (d) to parade, demonstrate or picket within the capitol building."
M. Section 1-10-10 of the 1976 Code, as added by Act 292 of 2000, is amended to read:

"Section 1-10-10. (A) As of 12:00 noon on the effective date of this act, and permanently thereafter, the only flags authorized to be flown atop the dome of the State House, in the chambers of the Senate and House of Representatives, and on the grounds of the Capitol Complex shall be as authorized in this section.

The flags authorized to be flown atop the dome of the State House and in the chambers of the Senate and House of Representatives are the United States Flag and the South Carolina State Flag. As of 12:00 noon on the effective date of this act, the flag authorized to be flown at a designated location on the grounds of the Capitol Complex is the South Carolina Infantry Battle Flag of the Confederate States of America [the Battle Flag of the Army of Northern Virginia (General Robert E. Lee's Army) the South Carolina, Georgia, Florida Department version]. This flag must be flown on a flagpole located at a point on the south side of the Confederate Soldier Monument, centered on the monument, ten feet from the base of the monument at a height of thirty feet. The flagpole on which the flag is flown and the area adjacent to the monument and flagpole must be illuminated at night and an appropriate decorative iron fence must be erected around the flagpole.

The South Carolina Infantry Battle Flag of the Confederate States of America is square measuring fifty-two inches on each side, inclusive of the white border, with a St. Andrews Cross of blue, edged with white, with thirteen equal five-pointed stars, upon a red field, with the whole banner bordered in white. The blue arms of the cross are 7.5 inches wide and the white border around the flag proper is 1.5 inches wide. The stars are five-pointed, inscribed within a circle six inches in diameter, and are uniform in size.

From any funds appropriated to the Budget and Control BoardSouth Carolina Department of Administration, the Division of General Services of the Budget and Control BoardDepartment of Administration, or its successor in interest, shall ensure that the flags authorized above shall be placed at all times as directed in this section and shall replace the flags at appropriate intervals as may be necessary due to wear.

(B) The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.

(C) The term 'chambers' of the House or Senate for the purposes of this section does not include individual members' offices. The provisions of this section do not prohibit a private individual on the capitol complex grounds from wearing as a part of his clothing or carrying or displaying any type of flag including a Confederate Flag."
N. Section 11-9-630 of the 1976 Code is amended to read:

Section 11-9-630. The State Budget and Control BoardSouth Carolina Department of Administration shall sell and convey, for and on behalf of the State, all such real property, assets and effects belonging to the State as are not in actual public use, such sales to be made from time to time in such manner and upon such terms as it may deem most advantageous to the State. This shall not be construed to authorize the sale by the Boarddepartment of any property held in trust for a specific purpose by the State or the property of the State in the phosphate rocks or phosphatic deposits in the beds of the navigable streams and waters and marshes of the State."
O. Section 11-35-3240 of the 1976 Code, as last amended by Act 153 of 1997, is further amended to read:

"Section 11-35-3240. As relates to this code and the ensuing regulations, a 'Manual for Planning and Execution of State Permanent Improvements' shall be published by the boarddepartmentSouth Carolina Department of Administration or its designee for use by governmental bodies and included in the regulations of the boarddepartment. The manual may be revised as the boarddepartment deems necessary."
P. Sections 11-35-3810, 11-35-3820, 11-35-3830, and 11-35-3840, all as amended by Act 153 of 1997, are further amended to read:

(1) the sale, lease, or disposal of surplus supplies by public auction, competitive sealed bidding, or other appropriate methods designated by such regulations;

(2) the transfer of excess supplies between agencies and departments.

Section 11-35-3820. Except as provided in Section 11-35-1580 and Section 11-35-3830 and the regulations pursuant thereto, the sale of all state-owned supplies, property, or personal property not in actual public use shall be conducted and directed by the OfficeDivision of General Services of the South Carolina Department of Administration. Such sales shall be held at such places and in such manner as in the judgment of the OfficeDivision of General Services shall be most advantageous to the State. Unless otherwise determined, sales shall be by either public auction or competitive sealed bid to the highest bidder. Each governmental body shall inventory and report to the Office of General Servicesdivision all surplus personal property not in actual public use held by that agency for sale. The Office of General Servicesdivision shall deposit the proceeds from such sales, less expense of the sales, in the state general fund or as otherwise directed by regulation. This policy and procedure shall apply to all governmental bodies unless exempt by law.

Section 11-35-3830. (1) Trade-in Value. Unless otherwise provided by law, governmental bodies may trade-in personal property, the trade-in value of which may be applied to the procurement or lease of like items. The trade-intrade in value of such personal property shall not exceed an amount as specified in regulations promulgated by the boardDepartment of Administration.

(2) Approval of Trade-in Sales. When the trade-in value of personal property of a governmental body exceeds the specified amount, the boardDepartment of Administration shall have the authority to determine whether:

(a) the subject personal property shall be traded in and the value applied to the purchase of new like items; or

(b) the property shall be classified as surplus and sold in accordance with the provisions of Section 11-35-3820. The boarddepartmental determination shall be in writing and be subject to the provisions of this chapter.

(3) Record of Trade-in Sales. Governmental bodies shall submit quarterly to the materials management officer a record listing all trade-in sales made under subsections (1) and (2) of this section.

Section 11-35-3840. The OfficeDivision of General Services of the State Budget and Control BoardSouth Carolina Department of Administration may license for public sale publications and materials pertaining to training programs and information technology products which are developed during the normal course of the Office'sdivision's activities. Such items shall be licensed at such reasonable costs as are established in accordance with the cost of the items. All proceeds from the sale of the publications and materials shall be placed in a revenue account and expended for the cost of providing such services."
Q. Section 11-35-4020 of the 1976 Code, as last amended by Act 153 of 1997, is further amended to read:

"Section 11-35-4020. Governmental bodies approved by the boardSouth Carolina Department of Administration may sell any supplies owned by it after such supplies have become entirely unserviceable and can properly be classified as 'junk', in accordance with procedures established by the OfficeDivision of General Services. All sales of unserviceable supplies by the governmental body shall be made in public to the highest bidder, after advertising for fifteen days, and the funds from such sales shall be credited to the account of the governmental body owning and disposing of such unserviceable supplies."
R. Section 44-53-530(a) and (b) is amended to read:

"Section 44-53-530. (a) Forfeiture of property defined in Section 44-53-520 must be accomplished by petition of the Attorney General or his designee or the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the items were seized. The petition must be submitted to the court within a reasonable time period following seizure and shall set forth the facts upon which the seizure was made. The petition shall describe the property and include the names of all owners of record and lienholders of record. The petition shall identify any other persons known to the petitioner to have interests in the property. Petitions for the forfeiture of conveyances shall also include: the make, model, and year of the conveyance, the person in whose name the conveyance is registered, and the person who holds the title to the conveyance. The petition shall set forth the type and quantity of the controlled substance involved. A copy of the petition must be sent to each law enforcement agency which has notified the petitioner of its involvement in effecting the seizure. Notice of hearing or rule to show cause must be directed to all persons with interests in the property listed in the petition, including law enforcement agencies which have notified the petitioner of their involvement in effecting the seizure. Owners of record and lienholders of record may be served by certified mail, to the last known address as appears in the records of the governmental agency which records the title or lien.

The judge shall determine whether the property is subject to forfeiture and order the forfeiture confirmed. If the judge finds a forfeiture, he shall then determine the lienholder's interest as provided in this article. The judge shall determine whether any property must be returned to a law enforcement agency pursuant to Section 44-53-582.

If there is a dispute as to the divisionallocation of the proceeds of forfeited property among participating law enforcement agencies, this issue must be determined by the judge. The proceeds from a sale of property, conveyances, and equipment must be disposed of pursuant to subsection (e) of this section.

All property, conveyances, and equipment which will not be reduced to proceeds may be transferred to the law enforcement agency or agencies or to the prosecution agency. Upon agreement of the law enforcement agency or agencies and the prosecution agency, conveyances and equipment may be transferred to any other appropriate agency. Property transferred must not be used to supplant operating funds within the current or future budgets. If the property seized and forfeited is an aircraft or watercraft and is transferred to a state law enforcement agency or other state agency pursuant to the provisions of this subsection, its use and retainage by that agency shall be at the discretion and approval of the Budget and Control BoardSouth Carolina Department of Administration.

(b) If the property is seized by a state law enforcement agency and is not transferred by the court to the seizing agency, the judge shall order it transferred to the Division of General Services of the Department of Administration for sale. Proceeds may be used by the division for payment of all proper expenses of the proceedings for the forfeiture and sale of the property, including the expenses of seizure, maintenance, and custody, and other costs incurred by the implementation of this section. The net proceeds from any sale must be remitted to the State Treasurer as provided in subsection (g) of this section. The Division of General Services of the South Carolina Department of Administration may authorize payment of like expenses in cases where monies, negotiable instruments, or securities are seized and forfeited."
SECTION 10. A. Section 58-9-2540(B)(7) of the 1976 Code is amended to read:

"Section 58-9-2540. (B)(7) one representative from the office of the Division of Information Resource Managementthe Office of the Chief Information Officer, State Budget and Control Board; and"
B. Section 59-150-60(A)(9) of the 1976 Code, as added by Act 59 of 2001, is amended to read:

"Section 59-150-60. (A)(9) acquire or lease real property and make improvements on it and acquire by lease or by purchase personal property including, but not limited to, computers; mechanical, electronic, and on-line equipment and terminals; and intangible property including, but not limited to, computer programs, systems, and software. To achieve cost savings and efficiency, the commission shall use the telecommunications network service of the Budget and Control Board's Division of the Office of the Chief Information ResourcesOfficer pursuant to Sections 1-11-430 and 11-35-1580 provided that the service is secure;"
C. Section 59-150-390 of the 1976 Code, as added by Act 59 of 2001, is amended to read:

Section 59-150-390. The State Department of Education, in consultation with the Budget and Control Board's Division of the Office of the Chief Information ResourcesOfficer, the State Library, and the Education Television Commission, shall administer primary and secondary technology funding provided for in Section 59-150-350. These funds are intended to provide technology connectivity, hardware, software, and training for the K-12 public schools throughout the State and, to the maximum extent possible, involve public-private sector collaborative efforts. Funds allocated to the local school districts for technology expenditures must be distributed based on the number of students eligible for the free and reduced lunch program in grades 1-3."
SECTION 11. A. Section 1-11-20 of the 1976 Code is amended to read:

"Section 1-11-20. (A) The functions of the State Budget and Control Board shall be performed, exercised and discharged under the supervision and direction of the board through three divisions, the Finance Division (embracing the work of the State Auditor, the former State Budget Commission, the former State Finance Committee and the former Board of Claims for the State of South Carolina), the Purchasing and Property Division (embracing the work of the former Commissioners of the Sinking Fund, the former Board of Phosphate Commissioners, the State Electrician and Engineer, the former Commission on State House and State House Grounds, the central purchasing functions, the former Surplus Procurement Division of the State Research, Planning and Development Board and the Property Custodian) and the Division of Personnel Administration (embracing the work of the former retirement board known as the South Carolina Retirement System and the administration of all laws relating to personnel), each division to consist of a director and such clerical, stenographic and technical employees as may be necessary, to be employed by the respective directors with the approval of the Board. The State Auditor shall be the director of the Finance Division, ex officio, and the directors of the other divisions shall be employed by the State Budget and Control Board for such time and compensation, not greater than the term and compensation for the State Auditor, as shall be fixed by the board in its judgment.

(B)Notwithstanding subsection (A), as of July 1, 2004, the Facilities Management, Business Operations, and Fleet Management Programs of the Division of General Services of the Budget and Control Board are transferred to, and incorporated into, the South Carolina Department of Administration.

(C)Notwithstanding subsection (A), as of July 1, 2004, the Budget and Control Board contains an additional division, known as the Statehouse, Legislative and Judicial Facilities Operations Division, responsible for the day-to-day maintenance , cleaning, and upkeep of the respective facilities. This responsibility does not include grounds, safety, capital improvements, leasing, and other facilities management duties reserved for the Department of Administration."
B. Section 1-11-435 of the 1976 Code, as added by Act 339 of 2002, is amended to read:

"Section 1-11-435. To protect the state's critical information technology infrastructure and associated data systems in the event of a major disaster, whether natural or otherwise, and to allow the services to the citizens of this State to continue in such an event, the OfficeDivision of the Office of the State Chief Information Officer in the Budget and Control Board (CIO) should develop a Critical Information Technology Infrastructure Protection Plan devising policies and procedures to provide for the confidentiality, integrity, and availability of, and to allow for alternative and immediate on-line access to critical data and information systems including, but not limited to, health and human services, law enforcement, and related agency data necessary to provide critical information to citizens and ensure the protection of state employees as they carry out their disaster-related duties. All state agencies and political subdivisions of this State are directed to assist the Office of the State CIO in the collection of data required for this plan."
C. Section 2-13-240(a) of the 1976 Code, as last amended by Act 419 of 1998, is further amended by adding at the end:

"(89)Department of Administration, six."
D. Section 2-13-240(A)(58) of the 1976 Code, as last amended by Act 419 of 1998, is further amended to read:

H. 5043 (Word version) -- Reps. Harrell, Chellis, Altman, Battle, Bingham, Clark, Dantzler, Jennings, Mack, M. A. Pitts, J. R. Smith, Thompson, Wilkins, Cotty, G. R. Smith and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE PUBLIC SCHOOLS INFRASTRUCTURE BANK ACT OF 2004; BY ADDING CHAPTER 148 TO TITLE 59 SO AS TO DEFINE CERTAIN TERMS; TO CREATE THE SOUTH CAROLINA PUBLIC SCHOOL FACILITIES FINANCE AUTHORITY; TO PROVIDE FOR THE APPOINTMENT AND POWERS AND DUTIES OF THE BOARD THAT GOVERNS THE AUTHORITY; TO PROVIDE FOR PROJECT FINANCING AND WHEN THE AUTHORITY AND A SCHOOL DISTRICT MAY ENTER INTO A FINANCING AGREEMENT; TO PROVIDE FOR THE TERMS OF THE FINANCING AGREEMENT; TO PROVIDE FOR THE ISSUANCE OF BONDS IN THE NAME OF THE AUTHORITY TO BE SECURED SOLELY BY AND PAYABLE SOLELY FROM SCHOOL DISTRICT PAYMENTS; TO PROVIDE FOR A MAXIMUM MATURITY DATE OF THIRTY YEARS; TO PROVIDE FOR THE MANNER IN WHICH THE AUTHORITY MAY SELL BONDS AND THE TERMS OF THE BONDS; TO PROVIDE THE PURPOSES FOR WHICH THE BOARD MAY AUTHORIZE BONDS; TO PROVIDE FOR THE ESTABLISHMENT OF A DEBT SERVICE RESERVE FUND; TO PROVIDE THAT THE BONDS MAY BE SECURED BY A TRUST AGREEMENT; TO PROVIDE FOR THE MANNER IN WHICH THE ACCOUNTS OF THE AUTHORITY MUST BE HELD; TO PROVIDE THAT THE BONDS AND THE INCOME FROM THE BONDS AND PROPERTY AND INCOME FROM PROPERTY OF THE AUTHORITY ARE EXEMPT FROM TAXATION; TO PROVIDE THAT FIDUCIARIES MAY INVEST MONIES IN BONDS; TO PROVIDE BONDHOLDER RIGHTS; TO AMEND SECTION 59-71-155 OF THE 1976 CODE, RELATING TO GENERAL OBLIGATION SCHOOL BONDS, SO AS TO ALLOW THE PUBLIC SCHOOL FACILITIES FINANCE AUTHORITY TO ELECT WHETHER THIS SUBSECTION APPLIES TO ONE OR MORE YEARS IN WHICH SCHOOL DISTRICT PAYMENTS ARE DUE UNDER A FINANCING AGREEMENT BETWEEN A SCHOOL DISTRICT AND THE AUTHORITY AUTHORIZED PURSUANT TO CHAPTER 148 OF TITLE 59 WHERE THE AUTHORITY HAS ELECTED THAT THE SCHOOL DISTRICT PAYMENTS UNDER THE FINANCING AGREEMENT ARE SECURED BY THE FULL FAITH, CREDIT, AND TAXING POWER OF THE OPERATING SCHOOL UNIT THAT ISSUES THE BONDS; TO PROVIDE THE AUTHORITY'S AND THE STATE TREASURER'S POWERS AND DUTIES FOLLOWING A DEFAULT BY A SCHOOL DISTRICT OR THE EXERCISE BY A SCHOOL DISTRICT OF ITS RIGHT OF NONAPPROPRIATION UNDER A FINANCING AGREEMENT; AND BY ADDING SECTION 59-146-190 SO AS TO ALLOW REFUNDING STATE SCHOOL FACILITIES BONDS TO BE ISSUED UPON RESOLUTION BY THE STATE BUDGET AND CONTROL BOARD.

Rep. HARRELL moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.

H. 4747--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4747 (Word version) -- Reps. Simrill, Delleney, Kirsh, McCraw, Moody-Lawrence, Richardson, Emory and J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-85 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO IMPOSE LICENSURE, PERMIT, AND RENEWAL FEES ON APPLICANTS IN PROGRAMS THE DEPARTMENT REGULATES, TO AUTHORIZE THE DEPARTMENT TO IMPOSE MONETARY PENALTIES FOR VIOLATIONS PERTAINING TO THESE PROGRAMS, TO PROVIDE THAT THE DEPARTMENT SHALL PROVIDE FOR THE USE OF FEES AND PENALTIES COLLECTED, AND TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS TO CARRY OUT THESE PROVISIONS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\22636HTC04), which was adopted:
Amend the bill, as and if amended, by striking Section 43-1-85 as contained in SECTION 1, beginning on page 1, and inserting:
/ Section 43-1-85. (A) When the department determines that a facility is in violation of any statutory provision or regulation relating to the operation or maintenance of the facility, the department, upon proper notice, may require corrective action, deny, or revoke a license or other operating permit, or impose a monetary penalty. For purposes of this section, the term 'facility' refers to child caring institutions, children's residential group homes, and child daycare facilities.

(1) Class I violations are those that the department determines to present an imminent danger to the health, safety, or well-being of persons in the facility or a substantial probability that death or serious physical harm could result therefrom. A physical condition or one or more practices, means, methods, or operations in use in a facility may constitute such a violation. The condition or practice constituting a Class I violation must be abated or eliminated immediately unless a fixed period of time, as stipulated by the department, is required for correction. Each day the violation exists after expiration of the time established by the department is considered a subsequent violation.

(2) Class II violations are those, other than Class I violations, that the department determines to have a negative impact on the health, safety, or well-being of children in the facility. The citation of a Class II violation must specify the time within which the violation must be corrected. Each day such violation exists after expiration of this time is considered a subsequent violation.

(3) Class III violations are those that are not classified as Class I or II. The citation of a Class III violation must specify the time within which the violation is required to be corrected. Each day the violation exists after expiration of this time is considered a subsequent violation.

(C) In arriving at a decision to take enforcement actions, the department shall consider the following factors:

(1) specific conditions and their impact or potential impact on health, safety, or well-being of the children;

(2) efforts by the facility to correct cited violations;

(3) behavior of the operator or licensee that would reflect negatively on the operator's or the licensee's character such as illegal/illicit activities;

(4) overall conditions;

(5) history of compliance and history of violations; and

(6) any other conditions pertinent to standards found in statutes and regulations.

(D) A facility must have an opportunity to correct a violation before enforcement action is imposed unless the department determines that because of the frequency or severity of violations or the severity of a single violation, an opportunity to cure would not provide adequate protection to children, or that providing an opportunity to cure would be futile.

(E) When the department requires corrective action, the facility and the department shall enter into a written plan of correction. The corrective action plan shall describe:

(1) the actions taken or to be taken to correct each cited deficiency;

(2) the actions taken or to be taken to prevent recurrences (actual and similar); and

(3) the actual or expected completion dates of those actions.

The department has the discretion to accept, reject, or modify corrective action proposed by the facility.

(F) When a decision is made to impose monetary penalties, the following schedule must be used as a guide to determine the dollar amount:
Frequency of violation of standard within a 36-month period:

MONETARY PENALTY RANGES

(G) Any enforcement action taken by the department may be appealed in the manner provided for in statute or regulation for appeal of revocations and denials.

(H) Notwithstanding any other provision of law providing for the crediting of monetary penalty revenues, all penalty revenues attributable to enforcement actions pursuant to this section must be credited to the general fund of the State. /
Renumber sections to conform.
Amend title to conform.

Rep. RICE explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 5129--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 5129 (Word version) -- Reps. Rice, Talley, Clyburn, Frye, Hamilton, Herbkersman, Hosey, Keegan, Littlejohn, Martin, Owens, Perry, E. H. Pitts, Scarborough, Simrill, Sinclair, J. R. Smith, Snow, Taylor, Young, Cato, Loftis, G. R. Smith and Leach: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 24 SO AS TO ESTABLISH THE SOUTH CAROLINA SUNSET COMMISSION AND A SUNSET REVIEW DIVISION OF THE LEGISLATIVE AUDIT COUNCIL, TO ESTABLISH PROCEDURES PROVIDING FOR THE MANNER IN WHICH THE PROGRAMS OF CERTAIN AGENCIES AND DEPARTMENTS OF STATE GOVERNMENT MUST BE EVALUATED TO DETERMINE IF THEY SHOULD BE CONTINUED IN EXISTENCE, MODIFIED, OR TERMINATED, AND TO ESTABLISH THE PROCEDURES BY WHICH THESE PROGRAMS MUST BE CONTINUED, MODIFIED, OR TERMINATED.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21201SD04):
Amend the bill, as and if amended, by striking Section 1-24-60 of the 1976 Code, as contained in SECTION 1, page 4, and inserting:
/ Section 1-24-60. The programs and functions of the following state agencies shall be terminated as provided in this chapter pursuant to the following schedule. Entities funded by appropriations included in an agency's budget are also included in these terminations and shall be reviewed.

(1) June 30, 2005, is the termination date for:

(a) Department of Health and Human Services;

(b) State Department of Insurance;

(c) State Accident Fund;

(d) South Carolina Workers' Compensation Commission;

(e) South Carolina Second Injury Fund;

(f) Patients' Compensation Fund;

(2) June 30, 2006, is the termination date for:

(a) Department of Corrections;

(b) Department of Juvenile Justice;

(c) Department of Probation, Parole and Pardon Services;

(d) John de la Howe School;

(e) South Carolina Administrative Law Judge Division;

(3) June 30, 2007, is the termination date for:

(a) Department of Health and Environmental Control;

(b) Department of Natural Resources;

(c) Department of Parks, Recreation and Tourism;

(d) South Carolina State Forestry Commission;

(e) Department of Agriculture;

(4) June 30, 2008, is the termination date for:

(a) State Department of Education;

(b) South Carolina Educational Television Commission;

(c) South Carolina School for the Deaf and the Blind;

(d) South Carolina Department of Archives and History;

(e) Wil Lou Gray Opportunity School;

(5) June 30, 2009, is the termination date for:

(a) Department of Social Services;

(b) South Carolina State Housing, Finance and Development Authority;

(c) South Carolina Commission for the Blind;

(d) State Human Affairs Commission;

(e) State Commission for Minority Affairs;

(6) June 30, 2010, is the termination date for:

(a) Department of Disabilities and Special Needs;

(b) Department of Revenue;

(c) Department of Labor, Licensing and Regulation;

(d) Patriots Point Development Authority;

(e) State Election Commission;

(7) June 30, 2011, is the termination date for:

(a) Department of Mental Health;

(b) Department of Alcohol and Other Drug Abuse Services;

(c) South Carolina Museum Commission;

(d) South Carolina Arts Commission;

(e) Office of Secretary of State;

(8) June 30, 2012, is the termination date for:

(a) South Carolina Department of Transportation;

(b) Commission on Indigent Defense;

(c) Attorney General's Office;

(d) Commission on Prosecution Coordination;

(e) South Carolina Office of Appellate Defense;

(9) June 30, 2013, is the termination date for:

(a) State Budget and Control Board;

(b) Governor's Office;

(c) State Treasurer's Office;

(d) Board of Financial Institutions;

(e) Comptroller General's Office;

(f) Lieutenant Governor's Office;

(10) June 30, 2014, is the termination date for:

(a) State Board for Technical and Comprehensive Education;

(b) State Commission on Higher Education;

(c) Higher Education Tuition Grants Commission;

(d) South Carolina State Library;

(e) South Carolina Sea Grant Consortium;

(11) June 30, 2015, is the termination date for:

(a) Department of Public Safety;

(b) South Carolina Law Enforcement Division;

(c) Adjutant General's Office;

(d) South Carolina Public Service Commission;

(e) Department of Consumer Affairs;

(12) June 30, 2016, is the termination date for:

(a) South Carolina Employment Security Commission;

(b) South Carolina Department of Commerce;

(c) State Agency of Vocational Rehabilitation;

(d) South Carolina Jobs-Economic Development Authority;

(e) State Ethics Commission; /
Renumber sections to conform.
Amend title to conform.

S. 1075 (Word version) -- Senators Short, Hayes, Hutto, Leventis, Peeler, Martin, Moore, Giese, Verdin, Fair, Reese, Setzler, O'Dell, Malloy, Knotts and Cromer: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT" INCLUDING PROVISIONS TO PROVIDE PROPERTY TAX CREDITS OR INCOME AND OTHER TAX CREDITS FOR REHABILITATION EXPENSES MADE TO ELIGIBLE SITES WHICH HAVE BEEN USED AS A TEXTILE MANUFACTURING FACILITY OR FOR ANCILLARY PURPOSES.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21207SD04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 6 of the 1976 Code is amended by adding:

"CHAPTER 32
Textiles Communities Revitalization Act

Section 6-32-10. This chapter is known and may be cited as the 'South Carolina Textiles Communities Revitalization Act'.

Section 6-32-20. (A) The primary purpose of this chapter is to create a meaningful incentive for the renovation, improvements, and redevelopment of abandoned textile mill sites located in South Carolina.

(B) The abandonment of textile mill sites has resulted in the disruption of communities and increased the cost to local governments by requiring additional police and fire services due to excessive vacancies. Many abandoned textile mill sites pose safety concerns. A public and corporate purpose of the local governments will be served by restoring the textile mill sites to a productive asset for the communities and result in increased job opportunities.

(C) There exists in many communities of this State abandoned textile manufacturing related or owned facilities. The stable economic and physical development of these areas is endangered by the presence of these abandoned facilities as manifested by progressive and advanced deterioration of structures. As a result of the existence of these abandoned facilities, there is an excessive and disproportionate expenditure of public funds, inadequate public and private investment, unmarketability of property, growth in delinquencies, and crime in the areas together with an abnormal exodus of families and businesses so that the decline of these areas impairs the value of private investments and threatens the sound growth and the tax base of taxing districts in the areas, and threatens the health, safety, morals, and welfare of the public. To remove and alleviate these adverse conditions, it is necessary to encourage private investment and restore and enhance the tax base of the taxing districts in the areas by the redevelopment of these abandoned facilities.

Section 6-32-30. For the purposes of this chapter, unless the context requires otherwise:

(1) 'Abandoned' means that at least eighty percent of the facilities of the eligible site has been continuously closed to business or otherwise nonoperational for a period of at least one year immediately preceding the time at which the determination is to be made.

(2) 'Eligible site' means a site that is designed for use or has in fact been used as a textile manufacturing facility or uses ancillary to it and is located in South Carolina.

(3) 'Local taxing entities' means a county, municipality, school district, special purpose district, and any other entity or district with the power to levy ad valorem property taxes against the eligible site.

(4) 'Local taxing entity ratio' means that percentage computed by dividing the millage rate of each local taxing entity by the total millage rate for the eligible site.

(5) 'Placed in service' means the date upon which the eligible site is suitable for occupancy for the purposes intended.

(6) 'Rehabilitation expenses' means the expenses incurred in the rehabilitation of the eligible site, excluding the cost of acquiring the eligible site or the cost of personal property maintained at the eligible site.

Section 6-32-40. (A) Subject to the terms and conditions of this chapter, a taxpayer who improves, renovates, or redevelops an eligible site is eligible for one of the following two tax credits: :

(1) a credit against real property taxes levied by local taxing entities equal to twenty-five percent of the rehabilitation expenses made to the eligible site times the local taxing entity ratio of each local taxing entity that has consented to the tax credit pursuant to subsection (B) below; or

(2) a credit against any taxes to which the state historic credit may apply equal to twenty-five percent of the rehabilitation expenses.

(B) If the taxpayer elects to receive the credit pursuant to subsection (A)(1) the following provisions shall apply:

(1) The municipality or, if the eligible site is located in an unincorporated area, the county first by resolution shall determine the eligibility of the eligible site and the eligibility of the proposed project seeking the credit. Any proposed project beginning after July 1, 2004, must be approved by a majority vote of the local governing body. The foregoing determinations and the municipality's or county's approval of the eligible site and proposed project must be by ordinance and public hearing. The ordinance shall provide for the credit to be taken as a credit against up to seventy-five percent of the real property taxes due on the site each year not to exceed eight years. Before determining the eligibility of the proposed eligible site, the municipality or county shall make a finding that the credit will not violate any covenant, representation, or warranty in any of its tax increment financing transactions.

(2) Not less than forty-five days before holding the public hearing contemplated in subsection (B)(1), the governing body of the municipality or county shall give notice to all affected local taxing entities where the eligible site is located of its intention to grant a tax credit for an eligible site and the amount of the tax credit proposed to be granted. If a local taxing entity does not file an objection to the tax credit with the municipality or county on or before the date of the public hearing, the local taxing entity is considered to have consented to the tax credit, provided that the actual tax credit granted is equal to or less than the tax credit stated in the notice of public hearing.

(3) The tax credit shall vest in the taxpayer in the tax year when the eligible site is placed in service and may be carried forward, in whole or in part, for up to eight years following that date.

(C) If the taxpayer elects to receive the credit pursuant to subsection (A)(2), the following provisions apply:

(1) The entire credit may not be taken for the taxable year in which the eligible site is placed in service but must be taken in equal installments over a five-year period beginning with the year in which the property is placed in service. Any unused portion of a credit installment may be carried forward for the succeeding five years.

(2) The credit earned pursuant to this subsection by an 'S' corporation owing corporate level income tax must be used first at the entity level. Any remaining credit passes through to each shareholder in a percentage equal to each shareholder's percentage of stock ownership.

(3) The credit earned pursuant to this subsection by a general partnership, limited partnership, limited liability company, or any other entity taxed as a partnership pursuant to Subchapter K of the Internal Revenue Code must be passed-through to its partners and may be allocated among any of its partners, including without limitation, an allocation of the entire credit to one partner, in a manner agreed by the partners. As used in this subsection, the term 'partner' means a partner, member, or owner of an interest in the pass-through entity, as applicable.

(4) The credit earned pursuant to this subsection is in addition to and does not offset the state historic credit in the event the eligible site also is eligible for the state historic credit.

(D) The taxpayer shall elect the mode of credit pursuant to subsection (A)(1) or subsection (A)(2) by providing written notification of its intent to the South Carolina Department of Commerce prior to the date the eligible site is placed in service; provided, that, if the taxpayer did not obtain the approvals contained in subsection (B) or fails to affirmatively make the election prescribed in this chapter before the date the eligible site is placed in service, the taxpayer is considered to have elected to receive the credit provided in subsection (A)(2) without the need for a written election.

Section 6-32-50. The provisions of Chapter 31 of this title also shall apply to this chapter, except the requirements of Section 6-31-40 which may not apply.
SECTION 2. Chapter 32 of Title 6 of the 1976 Code, as added by the provisions of Section 1 of this act, is repealed on July 1, 2014.
SECTION 3. This act takes effect July 1, 2004, and applies for rehabilitation expenses incurred, without regard to the date such expenses were incurred, for eligible sites placed in service on or after July 1, 2004. /
Renumber sections to conform.
Amend title to conform.

Rep. RICE explained the amendment.
The amendment was then adopted.

Rep. HARRELL proposed the following Amendment No. 3 (Doc Name COUNCIL\PT\2020MM04), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. Chapter 21, Title 6 of the 1976 Code is amended by adding:

"Article 3
Air Carrier Hub Facilities

Section 6-21-705. As used in this article:

(1) An 'air carrier hub terminal facility' is an airport terminal facility from which an air carrier certified or licensed by the Federal Aviation Administration, within five years from the date of issuance of the obligations described herein, must operate, at least, either:

(a) twenty common carrier departing flights a day on which the general public may fly seven days a week, fifty-two weeks a year. No less than seventy percent of all seats on these aircraft arriving at or departing from an air carrier terminal facility must be on jet aircraft capable of carrying at least one hundred passengers on each flight; or

(b) twenty common carrier departing flights a week on an annual basis for the purposes of transporting cargo and air freight.

(2) An 'air carrier' has the same meaning as provided in Section 55-11-500(b).

(3) 'Board' means the State Budget and Control Board.

(4) 'Bonds' mean general obligation bonds of this State.

(5) 'Political subdivision' has the same meaning as provided in Section 6-11-435(A).

(6) 'Special purposes district' has the same meaning as provided in Section 6-11-1610.

Section 6-21-710. (A) In addition to the financing options provided in Article 1 of this chapter, a special purpose district or political subdivision of the State may petition the State for assistance pursuant to this article. Upon receipt of a petition, the State, from the proceeds of sale of bonds authorized by Section 55-11-520, is authorized to pay a portion or all of the costs of insurance as provided in that section.

(B) After review by the Joint Bond Review Committee, the board, further, may allocate bond proceeds for the purposes authorized in Section 55-11-520 to match, on a dollar-for-dollar basis, local funds expended for the purposes authorized in Section 55-11-520 by any special purpose district or other political subdivision of this State. Local funds may include user fees and other monies made available by the special purpose district or political subdivision, but may not include federal grants made available to the special purpose district or other political subdivision for runway construction.

Section 6-21-720. Pursuant to the provisions of subsection 6(c), Section 13, Article 10 of the Constitution of this State, in order to provide funds to pay a portion of the costs of (1) acquiring land, (2) constructing, enlarging, improving, extending, renovating, and equipping suitable air carrier hub terminal facilities to be located in this State, (3) purchasing equipment, ground support equipment, machinery, special tools, maintenance, boarding facilities, and any additional necessary real or personal property for the operation of air carrier hub terminal facilities, and (4) if petitioned by a special purpose district or other political subdivision of the State, to pay a portion or all of the costs described in Section 55-11-510. Obliglations issued, not exceeding fifty million dollars of general obligation bonds of this State to be outstanding at any time, may be issued in the manner provided in this article and by law.

A request that bonds be issued pursuant to this article must be accompanied by a binding contract with an air carrier committing the air carrier to use the air carrier hub terminal facility for a period of five years or the period of time needed to retire any indebtedness incurred to construct the air carrier hub terminal facility, whichever is less. Upon receipt of a certified copy of the executed contract, the Secretary of Commerce shall consider an air carrier's financial ability, willingness, and commitment to serve this State and other factors considered relevant by the Secretary of Commerce. If the Secretary of Commerce determines that it is in the best interest of this State for the State to provide or to assist in the providing of suitable air carrier hub terminal facilities, the Secretary of Commerce shall recommend that the board consider approving the issuance of bonds of this State for the purposes authorized in this article and shall forward his written approval and request to the board. Upon the approval of the issuance of any bonds pursuant to this article, the board shall adopt a resolution setting the terms and conditions for the execution, sale, delivery, interest payments, maturities, and redemption of the bonds."
B. Section 11-41-30(3) of the 1976 Code, as last amended by Act 187 of 2004, is further amended by adding an appropriately designated item at the end to read:

"( ) buildings associated with an economic development project as defined in Section 11-41-30(2)(a) that includes air carrier hub terminal facilities as defined in Section 55-11-500(a) and Section 6-21-705(1)."
C. Section 12-10-82 of the 1976 Code, as added by Act 399 of 2000, is further amended to read:

"Section 12-10-82. (A) At the time the qualifying business enters into a revitalization agreement, it may make, with the approval of council, an irrevocable assignment of future payments attributable to the job development credit made pursuant to this chapter to the designated trustee or other designee.

(B) For purposes of this chaptersection,:

(1) 'designated trustee' means the single financial institution designated by the council to receive all assignments of payments made pursuant to this chapter and to the terms of an agreement entered into by the qualifying business.; and

(2)other designee' means a taxpayer that receives a minimum of seventy percent of the goods or services produced by the qualifying business at the project.

(C)If a qualifying business elects to assign payments to thedesignated trustee, theThe election must be made on a form provided by the department, including a waiver of confidentiality pursuant to Section 12-54-240, and the payments may be paid only to the designated trustee or other designee."
D. Sections 6-21-5 through 6-21-570 of the 1976 Code are hereby designated:

"Article 1
General Provisions"

E. This section takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. HARRELL explained the amendment.

POINT OF ORDER

Rep. TRIPP raised the Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

The question then recurred to the passage of the Bill, amended, on second reading.

Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:

So, the Bill, as amended, was read the second time and ordered to third reading.

RECURRENCE TO THE MORNING HOUR

Rep. RICE moved that the House recur to the Morning Hour, which was agreed to.

H. 3881--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the following Bill, which was adopted:

H. 3881 (Word version) -- Reps. G. M. Smith, Allen, Coleman, Delleney, Lucas, Rivers, Sheheen, F. N. Smith, J. E. Smith, Talley and Weeks: A BILL TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO INCLUDE MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD, MEMBERS OF THE SOUTH CAROLINA STATE GUARD, PERSONS ACTING ON BEHALF OR IN SERVICE OF A GOVERNMENTAL UNIT WITHOUT PAY OR COMPENSATION, COURT-APPOINTED ATTORNEYS, AND PUBLIC DEFENDERS IN THE DEFINITION OF "EMPLOYEE".

H. 4038--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4038 (Word version) -- Rep. Toole: A BILL TO AMEND SECTION 56-1-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY PLACE A MAGNETIC STRIP ON A DRIVER'S LICENSE WHICH CONTAINS THE NAME AND TELEPHONE NUMBER OF A PERSON WHO MAY BE CONTACTED IF THE HOLDER OF THE LICENSE IS INVOLVED IN AN EMERGENCY SITUATION AND ANY OTHER INFORMATION THE DEPARTMENT DETERMINES TO BE APPROPRIATE.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12449CM04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-1-80(A) of the 1976 Code, as last amended by Act 225 of 2000, is further amended to read:

"(A) Every application for a driver's license or permit must:

(1) be made upon the form furnished by the department;

(2) be accompanied by the proper fee and acceptable proof of date and place of birth;

(3) contain the full name, date of birth, sex, race, and residence address of the applicant and briefly describe the applicant;

(4) state whether the applicant has been licensed as an operator or chauffeur and, if so, when and by what state or country;

(5) state whether a license or permit has been suspended or revoked or whether an application has been refused and, if so, the date of and reason for the suspension, revocation, or refusal;

(6) allow an applicant voluntarily to disclose a permanent medical condition which must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record;

(7) allow an applicant voluntarily to disclose that he is an organ and tissue donor which must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record.;and

(8)allow an applicant voluntarily to provide an emergency number which must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.

Rep. GILHAM explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.

H. 4556--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4556 (Word version) -- Reps. Townsend, Davenport, McGee, Clark, W. D. Smith, Wilkins, Harvin and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 25, TITLE 57 SO AS TO ENACT THE SOUTH CAROLINA RELOCATION AND RECONSTRUCTION AGREEMENT ACT, TO EMPOWER LOCAL GOVERNING BODIES TO ENTER INTO AGREEMENTS WITH SIGN OWNERS TO RELOCATE AND RECONSTRUCT SIGNS, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WHEN A SIGN IS REMOVED WITHOUT AN AGREEMENT BETWEEN THE PARTIES, AND TO PROVIDE FOR MEDIATION OR ARBITRATION BETWEEN THE PARTIES WHEN THEY FAIL TO REACH AN AGREEMENT.

H. 4557 (Word version) -- Reps. Townsend, Harrell, Martin, Stille, Thompson and White: A BILL TO REPEAL SECTION 59-21-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEVEL OF FINANCIAL EFFORT PER PUPIL REQUIRED OF EACH SCHOOL DISTRICT.

H. 4565 (Word version) -- Reps. Herbkersman, Bailey and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5, CHAPTER 23, TITLE 59 SO AS TO ENACT THE PUBLIC-PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2004; TO DEFINE CERTAIN TERMS; TO PROVIDE FOR THE PREREQUISITES FOR THE OPERATION OF A QUALIFYING PROJECT; TO PROVIDE THE INFORMATION THAT MUST ACCOMPANY A REQUEST FOR APPROVAL OF A QUALIFYING PROJECT BY THE RESPONSIBLE PUBLIC ENTITY; TO PROVIDE FOR THE APPROVAL PROCESS AND WHEN A RESPONSIBLE PUBLIC ENTITY MAY GRANT APPROVAL OF THE ACQUISITION; TO PROVIDE THAT A PUBLIC ENTITY MAY ENTER INTO SERVICE CONTRACTS; TO PROVIDE THAT A PRIVATE ENTITY REQUESTING APPROVAL FROM A RESPONSIBLE PUBLIC ENTITY SHALL NOTIFY EACH AFFECTED LOCAL JURISDICTION, WHICH MAY SUBMIT COMMENTS FOR THE RESPONSIBLE PUBLIC ENTITY'S CONSIDERATION; TO PROVIDE FOR WHEN A PUBLIC ENTITY MAY DEDICATE A PROPERTY INTEREST FOR PUBLIC USE IN A QUALIFYING PROJECT; TO PROVIDE THE POWERS AND DUTIES OF THE OPERATOR OF THE QUALIFYING PROJECT; TO PROVIDE FOR THE SPECIFICATIONS OF THE COMPREHENSIVE AGREEMENT BETWEEN THE OPERATOR AND THE RESPONSIBLE PUBLIC ENTITY; TO PROVIDE THAT THE RESPONSIBLE PUBLIC ENTITY MAY OBTAIN FEDERAL, STATE, OR LOCAL ASSISTANCE FOR A QUALIFYING PROJECT THAT SERVES THE PUBLIC PURPOSE; TO PROVIDE FOR REMEDIES IN THE EVENT OF A MATERIAL DEFAULT BY THE OPERATOR; TO PROVIDE WHEN THE RESPONSIBLE PUBLIC ENTITY MAY EXERCISE THE POWER OF CONDEMNATION; TO PROVIDE FOR WHEN THE QUALIFYING PROJECT CROSSES A UTILITY; TO PROVIDE THAT POLICE OFFICERS HAVE POWERS AND JURISDICTION WITHIN THE LIMITS OF THE QUALIFYING PROJECT; TO PROVIDE THAT THIS ARTICLE IS NOT A WAIVER OF SOVEREIGN IMMUNITY; TO PROVIDE THAT THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE AND GUIDELINES DEVELOPED PURSUANT TO IT AND OTHER BUILDING CODES DO NOT APPLY WHEN THE STATE IS THE RESPONSIBLE PUBLIC ENTITY; AND TO PROVIDE THE PROCEDURES ACCORDING TO WHICH A RESPONSIBLE PUBLIC ENTITY MAY ENTER INTO A COMPREHENSIVE AGREEMENT.

Rep. QUINN proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21246SD04), which was tabled:
Amend the bill, as and if amended, by adding at the end of subsection (D) of Section 59-23-540 on page 7:
/The selection of outside legal counsel and financial consulting services must be according to the same procedures used by the Budget and Control Board when selecting legal counsel and financial consultants in other bond matters. /
Renumber sections to conform.
Amend title to conform.

Rep. QUINN explained the amendment.

POINT OF ORDER

Rep. J. E. SMITH raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS stated that the amendment attempted to clarify the selection process of outside legal counsel and financial consulting services, which is dealt with in Section 59-23-540 (D) of the Bill. He therefore overruled the Point of Order.

Rep. QUINN moved to table the amendment, which was agreed to.

Rep. QUINN proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\21244SD04), which was adopted:
Amend the bill, as and if amended, in SECTION 1 by adding a new Section 59-23-545 immediately after Section 59-23-540 on page 7 to read:
/ Section 59-23-545. Nothing contained in this article permits a local jurisdiction or public entity to exceed the constitutional debt limitations applicable to it. Any debt or obligation incurred by the private entity or operator pursuant to a comprehensive agreement in conjunction with the acquisition, design, construction, improvement, renovation, expansion, or equipping of a qualifying project permitted under this article shall be considered general obligation debt of the local jurisdiction or public entity regardless of how described for the purpose of determining the applicable constitutional debt limitation of that jurisdiction or entity if the local jurisdiction or public entity uses its ad valorem property taxing authority or pledges its full faith and credit to generate funding in order to meet all or any portion of its payment obligations under the comprehensive agreement. /
Renumber sections to conform.
Amend title to conform.

Rep. QUINN explained the amendment.
The amendment was then adopted.

Rep. STILLE explained the Bill.

Rep. HERBKERSMAN spoke in favor of the Bill.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. HERBKERSMAN having the floor.

RECURRENCE TO THE MORNING HOUR

Rep. HERBKERSMAN moved that the House recur to the Morning Hour, which was agreed to.

H. 3881--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up:

H. 3881 (Word version) -- Reps. G. M. Smith, Allen, Coleman, Delleney, Lucas, Rivers, Sheheen, F. N. Smith, J. E. Smith, Talley and Weeks: A BILL TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO INCLUDE MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD, MEMBERS OF THE SOUTH CAROLINA STATE GUARD, PERSONS ACTING ON BEHALF OR IN SERVICE OF A GOVERNMENTAL UNIT WITHOUT PAY OR COMPENSATION, COURT-APPOINTED ATTORNEYS, AND PUBLIC DEFENDERS IN THE DEFINITION OF "EMPLOYEE".

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7271AHB04), which was adopted:
Amend the bill, as and if amended, Section 15-78-30(c), as contained in SECTION 1, by adding at the end:
/ For the purposes of this chapter, court-appointed attorneys and public defenders are considered employees of the State and not of the county in which they serve. /
Renumber sections to conform.
Amend title to conform.

Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.

Rep. G. M. SMITH moved to adjourn debate on the Bill, which was agreed to.

H. 4565--DEBATE ADJOURNED

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. HERBKERSMAN having the floor:

H. 4565 (Word version) -- Reps. Herbkersman, Bailey and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5, CHAPTER 23, TITLE 59 SO AS TO ENACT THE PUBLIC-PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2004; TO DEFINE CERTAIN TERMS; TO PROVIDE FOR THE PREREQUISITES FOR THE OPERATION OF A QUALIFYING PROJECT; TO PROVIDE THE INFORMATION THAT MUST ACCOMPANY A REQUEST FOR APPROVAL OF A QUALIFYING PROJECT BY THE RESPONSIBLE PUBLIC ENTITY; TO PROVIDE FOR THE APPROVAL PROCESS AND WHEN A RESPONSIBLE PUBLIC ENTITY MAY GRANT APPROVAL OF THE ACQUISITION; TO PROVIDE THAT A PUBLIC ENTITY MAY ENTER INTO SERVICE CONTRACTS; TO PROVIDE THAT A PRIVATE ENTITY REQUESTING APPROVAL FROM A RESPONSIBLE PUBLIC ENTITY SHALL NOTIFY EACH AFFECTED LOCAL JURISDICTION, WHICH MAY SUBMIT COMMENTS FOR THE RESPONSIBLE PUBLIC ENTITY'S CONSIDERATION; TO PROVIDE FOR WHEN A PUBLIC ENTITY MAY DEDICATE A PROPERTY INTEREST FOR PUBLIC USE IN A QUALIFYING PROJECT; TO PROVIDE THE POWERS AND DUTIES OF THE OPERATOR OF THE QUALIFYING PROJECT; TO PROVIDE FOR THE SPECIFICATIONS OF THE COMPREHENSIVE AGREEMENT BETWEEN THE OPERATOR AND THE RESPONSIBLE PUBLIC ENTITY; TO PROVIDE THAT THE RESPONSIBLE PUBLIC ENTITY MAY OBTAIN FEDERAL, STATE, OR LOCAL ASSISTANCE FOR A QUALIFYING PROJECT THAT SERVES THE PUBLIC PURPOSE; TO PROVIDE FOR REMEDIES IN THE EVENT OF A MATERIAL DEFAULT BY THE OPERATOR; TO PROVIDE WHEN THE RESPONSIBLE PUBLIC ENTITY MAY EXERCISE THE POWER OF CONDEMNATION; TO PROVIDE FOR WHEN THE QUALIFYING PROJECT CROSSES A UTILITY; TO PROVIDE THAT POLICE OFFICERS HAVE POWERS AND JURISDICTION WITHIN THE LIMITS OF THE QUALIFYING PROJECT; TO PROVIDE THAT THIS ARTICLE IS NOT A WAIVER OF SOVEREIGN IMMUNITY; TO PROVIDE THAT THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE AND GUIDELINES DEVELOPED PURSUANT TO IT AND OTHER BUILDING CODES DO NOT APPLY WHEN THE STATE IS THE RESPONSIBLE PUBLIC ENTITY; AND TO PROVIDE THE PROCEDURES ACCORDING TO WHICH A RESPONSIBLE PUBLIC ENTITY MAY ENTER INTO A COMPREHENSIVE AGREEMENT.

Rep. HERBKERSMAN moved to adjourn debate on the Bill, which was agreed to.

H. 4801--AMENDED AND REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4801 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-1-748, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO ARE ISSUED A RESTRICTED DRIVER'S LICENSE UNDER VARIOUS PROVISIONS OF LAW BEING INELIGIBLE TO OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER THESE PROVISIONS, SO AS TO PROVIDE THAT THIS LIMITATION ALSO APPLIES TO A PERSON ISSUED A RESTRICTED DRIVER'S LICENSE AFTER HIS LICENSE IS SUSPENDED FOR REFUSING TO SUBMIT TO TESTING TO DETERMINE HIS ALCOHOL CONCENTRATION OR FOR REGISTERING A CERTAIN LEVEL OF ALCOHOL CONCENTRATION; AND TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVER'S LICENSES, SO AS TO PROVIDE THAT A PERSON MAY BE ISSUED ONLY ONE PROVISIONAL DRIVER'S LICENSE IN A TEN-YEAR PERIOD.

The Education and Public Works Committee proposed the following Amendment No. 1(Doc Name COUNCIL\NBD\12451CM04), which was adopted:
Amend the bill, as and if amended, Section 56-1-748 as contained in SECTION 1, by inserting /special/ before /restricted/ on line 35, page 1. When amended Section 56-1-748 shall read:
/Section 56-1-748. NoA person issued a special restricted driver's license under the provisions of Section 56-1-170(B), Section 56-1-320(A), Section 56-1-740(B), Section 56-1-745(C), Section 56-1-746(D), Section 56-5-750(G), Section 56-9-430(B), Section 56-10-260(B), or Section 56-10-270(C), or Section 56-5-2951shall subsequently beis not eligible for issuance of a special restricted driver's license under these provisions./
Renumber sections to conform.
Amend title to conform.

H. 4805 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-9-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING VERIFICATION THAT AN OPERATOR OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT THAT RESULTS IN PROPERTY DAMAGE MUST VERIFY THAT THE VEHICLE HAS LIABILITY INSURANCE COVERAGE, SO AS TO REVISE THE MINIMUM AMOUNT OF PROPERTY DAMAGE THAT MUST OCCUR BEFORE INSURANCE VERIFICATION MUST BE OBTAINED; TO AMEND SECTION 56-9-351, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS INVOLVED IN CERTAIN MOTOR VEHICLE ACCIDENTS, SO AS TO REVISE THE MINIMUM AMOUNT OF PROPERTY DAMAGE THAT MUST OCCUR BEFORE THE PROVISIONS CONTAINED IN THIS SECTION BECOME APPLICABLE; AND TO AMEND SECTION 56-9-359, RELATING TO THE AMOUNT OF SECURITY THE DEPARTMENT OF MOTOR VEHICLES MAY ORDER A PERSON TO DEPOSIT, SO AS TO REVISE THE MINIMUM AMOUNT OF SECURITY THAT MAY BE REQUIRED BY THE DEPARTMENT.

H. 4653 (Word version) -- Reps. W. D. Smith, Wilkins and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA PARENTAL RESPONSIBILITIES ACT OF 2004"; BY ADDING SECTION 59-63-205 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL ADOPT A STUDENT DISCIPLINE POLICY AND TO DEFINE CERTAIN TERMS; BY ADDING SECTION 59-28-230 SO AS TO PROVIDE THAT IF A PARENT FAILS TO ATTEND A SCHOOL'S THIRD REQUEST FOR A CONFERENCE TO DISCUSS THE CHILD'S ACADEMIC PROGRESS OR VIOLATION OF SCHOOL RULES, THE DISTRICT SUPERINTENDENT, UPON CERTAIN CONDITIONS, MAY REQUEST THAT THE MAGISTRATE ISSUE A SUBPOENA TO COMPEL THE PRESENCE OF THE PARENT AND TO PROVIDE PENALTIES; BY ADDING SECTION 59-28-240 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP IN-SERVICE TRAINING PROGRAMS FOR APPROPRIATE SCHOOL PERSONNEL WHO WORK WITH STUDENTS AT RISK OF FAILURE AND THEIR PARENTS; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION SHALL ADOPT PROGRAM APPROVAL STANDARDS FOR STUDENTS PURSUING A COLLEGE OR UNIVERSITY PROGRAM IN INSTRUCTIONAL OR ADMINISTRATIVE PERSONNEL SHALL COMPLETE TRAINING IN WORKING WITH STUDENTS AT RISK OF FAILURE AND THEIR PARENTS; BY ADDING ARTICLE 6, CHAPTER 65, TITLE 59 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT BOARD OF TRUSTEES AND EACH SCHOOL SHALL ADOPT A TRUANCY POLICY, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH PROCEDURES TO ALLOW A STUDENT TO ENROLL IN ALTERNATIVE OR ADULT EDUCATION PROGRAMS TO PREVENT FURTHER TRUANCY, TO PROVIDE FOR THE DEVELOPMENT OF PARENT RESPONSIBILITY PROGRAMS TO ADDRESS NONATTENDANCE PROBLEMS; TO AMEND SECTION 59-65-20, RELATING TO PENALTIES FOR FAILURE TO ENROLL A CHILD IN SCHOOL, SO AS TO INCREASE THE FINE FROM NOT MORE THAN FIFTY DOLLARS TO NOT MORE THAN FIVE HUNDRED DOLLARS; TO AMEND SECTION 59-65-50, RELATING TO NON ATTENDANCE REPORTED TO THE COURT, SO AS TO PROVIDE THAT A SCHOOL DISTRICT SHALL NOTIFY STUDENTS AND PARENTS OR GUARDIANS OF STATE ATTENDANCE LAWS AND PENALTIES; TO PROVIDE THAT PARENTS MUST BE NOTIFIED OF CERTAIN ABSENCES AND SHALL WORK WITH THE DISTRICT TO FORMULATE AN INTERVENTION PLAN; TO PROVIDE FOR TRANSFER OF DOCUMENTS AND PLANS IF THE STUDENT TRANSFERS; AND TO PROVIDE FOR REFERRAL OF THE CASE TO THE SOLICITOR, UPON CERTAIN CONDITIONS, WHEN THE CHILD HAS TEN OR MORE UNLAWFUL ABSENCES; TO AMEND SECTION 59-65-60, RELATING TO THE COURT'S PROCEDURE UPON RECEIPT OF THE REPORT OF NONATTENDANCE, SO AS TO PROVIDE THAT FURTHER ACCUMULATION AFTER TEN UNLAWFUL ABSENCES MUST BE TOLLED UNTIL THE FAMILY COURT HEARING; TO PROVIDE THE TIMELINE AND PROCEDURE FOR REPORTING THE ABSENCES TO THE SOLICITOR, FILING THE COMPLAINT, SERVING THE COMPLAINT, AND HOLDING THE HEARING; TO PROVIDE FOR AN ATTENDANCE ORDER AND A REVISION OF THE INTERVENTION PLAN; TO PROVIDE THAT A PARENT OR GUARDIAN WHO FAILS TO COMPLY WITH THE ATTENDANCE ORDER IS GUILTY OF CONTEMPT WITH CERTAIN EXCEPTIONS AND TO PROVIDE PENALTIES; TO PROVIDE WHEN THE COURT MAY DECLARE A CHILD A TRUANT, ADJUDICATE A CHILD AS A STATUS OFFENDER, AND SUBJECT A CHILD TO APPROPRIATE PROVISIONS OF LAW; AND TO PROVIDE FOR OPTIONS WHEN A CHILD IS FOUND TO BE A HABITUAL TRUANT; BY ADDING SECTION 14-1-240 SO AS TO PROVIDE THAT THE CHIEF JUDGE FOR ADMINISTRATIVE PURPOSES IN EACH CIRCUIT SHALL SCHEDULE AT LEAST TWO DAYS A MONTH FOR A JUDGE IN A FAMILY COURT TO HEAR TRUANCY CASES; TO AMEND SECTION 56-1-176, AS AMENDED, RELATING TO CONDITIONS FOR ISSUANCE OF A CONDITIONAL DRIVER'S LICENSE AND A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT IF A STUDENT FAILS TO MEET THE EXPULSION REQUIREMENTS, THE SCHOOL DISTRICT SHALL NOTIFY THE DEPARTMENT OF MOTOR VEHICLES, WHO MAY SUSPEND THE STUDENT'S DRIVER'S LICENSE; TO AMEND SECTION 59-65-10, AS AMENDED, RELATING TO A PARENT'S RESPONSIBILITY TO CAUSE A CHILD TO ATTEND SCHOOL, SO AS TO INCREASE THE AGE UNTIL WHICH A CHILD SHALL ATTEND SCHOOL FROM SEVENTEEN TO EIGHTEEN; AND TO REPEAL SECTION 59-65-70 RELATING TO WHEN A COURT MAY DECLARE A CHILD DELINQUENT.

H. 5080 (Word version) -- Reps. W. D. Smith, Wilkins, Loftis, Harrell, Cato, Chellis, Clemmons, Edge, Frye, Herbkersman, Leach, Owens, Perry, Rice, Richardson, Sandifer, Simrill, F. N. Smith, G. R. Smith, J. R. Smith, Stewart, Talley, Townsend, Tripp, Vaughn, White, Witherspoon and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46, CAROLINA PUBLIC SCHOOL DISTRICT, TO TITLE 59; TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES; AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL SPONSORED BY THE CAROLINA PUBLIC SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED.

H. 4721 (Word version) -- Reps. Edge and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-45 SO AS TO PROVIDE FOR PUNITIVE DAMAGES WHEN A PERSON, WITH INTENT TO AVOID PAYMENT FOR A SERVICE RENDERED, KNOWINGLY SECURES PERFORMANCE OF THE SERVICE BY DECEPTION, THREAT, OR FALSE TOKEN OR BY AGREEING TO PROVIDE COMPENSATION AND FAILING TO MAKE PAYMENT AFTER RECEIVING A DEMAND FOR PAYMENT, TO PROVIDE FOR THE ELEMENTS OF THEFT OF SERVICE, TO DEFINE "SERVICES", AND TO PROVIDE FOR A DEFENSE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21208AHB04), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 75, Title 15 of the 1976 Code is amended by adding:

"Section 15-75-45. (A) A person fails to pay for services if the person:

(1) intentionally or knowingly secures performance of a service with the intent to avoid payment for the service;

(2) knows the service is provided only for compensation;

(3) secures performance of the service for himself or another for whom the person is a guardian or an agent by:

(a) deception, threat, or false token; or

(b) agreeing to provide compensation and after the service is rendered failing to make payment after receiving notice demanding payment.

(B) For purposes of this section, intent to avoid payment is presumed if the person:

(1) left the premises where the service was rendered without paying for the service; or

(2) expressly refused to pay for the service in circumstances where payment is ordinarily made immediately upon the service being rendered.

(C) If payment is not made when the services were provided, notice of payment due must be sent by the service provider by registered or certified mail, return receipt requested, to the address of record for the person who received the services, or who is a guardian or an agent for the person who received the services. Written notice given in accordance with this subsection, is presumed to be received no later than ten days after it was sent.

(D) A person who engages in theft of service, as provided for in subsection (A), is presumed to have committed fraud in obtaining these services. A person who brings an action for actual damages for nonpayment of services rendered is also entitled to punitive damages in accordance with the following:

(1) for a first occurrence by a defendant, one thousand dollars;

(2) for a second occurrence by the same defendant, two thousand five hundred dollars;

(3) for a third occurrence by the same defendant, five thousand dollars.

(E) It is a defense to an action brought pursuant to this section that:

(1) the defendant secured the performance of the service by giving a postdated check to the person performing the service and the person performing the service or any other person presented the check for payment before the date on the check; or

(2) the services were not rendered in a competent manner by the provider.

(F) For purposes of this section, 'services' includes, but is not limited to, health care, legal, plumbing, electrical, mechanical, or any other performance of activities by an individual that provides for, but is not limited to, the repair, installation, or maintenance of goods."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. LUCAS explained the amendment.

Rep. J. BROWN requested debate on the Bill.

Rep. LUCAS moved to table the amendment, which was agreed to.

The Judiciary Committee proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\12488AC04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 75, Title 15 of the 1976 Code is amended by adding:

"Section 15-75-45. (A) A person fails to pay for services if the person:

(1) intentionally or knowingly secures performance of a service with the intent to avoid payment for the service;

(2) knows the service is provided only for compensation;

(3) secures performance of the service for himself or another for whom the person is a guardian or an agent by:

(a) deception, threat, or false token; or

(b) agreeing to provide compensation and after the service is rendered failing to make payment after receiving notice demanding payment.

(B) For purposes of this section, intent to avoid payment is presumed if the person:

(1) left the premises where the service was rendered without paying for the service; or

(2) expressly refused to pay for the service in circumstances where payment is ordinarily made immediately upon the service being rendered.

(C) If payment is not made when the services were provided, notice of payment due must be sent by the service provider by registered or certified mail, return receipt requested, to the address of record for the person who received the services, or who is a guardian or an agent for the person who received the services. Written notice given in accordance with this subsection, is presumed to be received no later than ten days after it was sent.

(D) A person who fails to pay for services, as provided for in subsection (A), is presumed to have committed fraud in obtaining these services. A person who brings an action for actual damages for nonpayment of services rendered is also entitled to punitive damages in accordance with the following:

(1) for a first occurrence by a defendant, one thousand dollars;

(2) for a second occurrence by the same defendant, two thousand five hundred dollars;

(3) for a third occurrence by the same defendant, five thousand dollars.

(E) It is a defense to an action brought pursuant to this section that:

(1) the defendant secured the performance of the service by giving a postdated check to the person performing the service and the person performing the service or any other person presented the check for payment before the date on the check; or

(2) the services were not rendered in a competent manner by the provider.

(F) For purposes of this section, 'services' includes, but is not limited to, health care, legal, plumbing, electrical, mechanical, or any other performance of activities by an individual that provides for, but is not limited to, the repair, installation, or maintenance of goods."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. LUCAS explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

ORDERED TO THIRD READING

The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:

H. 5178 (Word version) -- Reps. McLeod, Huggins and Koon: A BILL TO PROVIDE THAT THE INTERCHANGE OF INTERSTATE HIGHWAY 26 WITH HIGHWAY S-32-48 (COLUMBIA AVENUE) IN LEXINGTON COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.

S. 799 (Word version) -- Senator Thomas: A JOINT RESOLUTION TO PROVIDE THAT FORK SHOALS ROAD IN GREENVILLE AT ITS CONJUNCTION WITH THE DONALDSON CENTER IS NAMED THE "JAMES R. AND AIDA HATLEY MEMORIAL HIGHWAY" AND TO FURTHER PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION IS DIRECTED TO PLACE APPROPRIATE SIGNS ON FORK SHOALS ROAD IN GREENVILLE AT ITS CONJUNCTION WITH THE DONALDSON CENTER THAT READ: "JAMES R. AND AIDA HATLEY MEMORIAL HIGHWAY."

S. 973--DEBATE ADJOURNED

Rep. COOPER moved to adjourn debate upon the following Bill until Thursday, April 29, which was adopted:

S. 973 (Word version) -- Senators Waldrep and O'Dell: A BILL TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE THAT OPERATING MILLAGE LEVIED IN A COUNTY FOR ALTERNATIVE SCHOOLS, CAREER AND TECHNOLOGY CENTERS, AND COUNTY BOARDS OF EDUCATION WHETHER OR NOT LEVIED COUNTYWIDE OR ON A SCHOOL DISTRICT BY SCHOOL DISTRICT BASIS ALSO IS CONSIDERED SCHOOL OPERATING MILLAGE TO WHICH THE PROPERTY TAX EXEMPTION PROVIDED BY THIS SECTION APPLIES, AND TO PROVIDE THAT COUNTY TREASURERS SHALL CONSIDER THESE OPERATING MILLAGES IN DETERMINING REVENUE LOST WHEN MAKING DISBURSEMENTS TO SCHOOL DISTRICTS FROM TRUST FUNDS FOR TAX RELIEF FUNDS.

H. 4838--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4838 (Word version) -- Reps. Hamilton, Bailey, Cooper, Duncan, Edge, Huggins, Limehouse, E. H. Pitts, Scott, Snow, Walker, M. Hines, Hinson, Martin, Parks, Clemmons and Barfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 46 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF "HOMEOWNERSHIP: THE AMERICAN DREAM" SPECIAL LICENSE PLATES.

Rep. HAMILTON proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\2007MM04), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 46
Homeownership: The American Dream Special License Plates

Section 56-3-4600. (A) The Department of Motor Vehicles may issue 'Homeownership: The American Dream' special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less registered in the owners' names which may have imprinted on the plate an emblem, a seal, or other symbol approved by the South Carolina Association of Realtors and the department. The South Carolina Association of Realtors may submit to the department for approval the emblem, seal, or symbol the South Carolina Association of Realtors wishes to display on the plate. The association must submit to the department written authorization for the use of any copyrighted or registered logo, trademark, or design. The association may request a change in the emblem, seal, or symbol used not more than once in five years. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued. The fee for each special license plate is the regular motor vehicle license fee set forth in Article 5 and one hundred dollars for a special plate.

(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be administered by the South Carolina Association of Realtors and deposited in an appropriate nonprofit account designated by the association for distribution to Habitat for Humanity International or another nonprofit fund designated by the association for the construction of new homes for low income families in South Carolina.

(C) Before the department produces and distributes the 'Homeownership: The American Dream' special license plate pursuant to this section, it must receive:

(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the respective license plate, the department must retain the deposit;

(2) a plan to market the sale of the special license plate which must be approved by the department.

(D) If the department receives less than three hundred biennial applications and renewals for the plate, it may not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. HAMILTON explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 973--RECONSIDERED AND ORDERED TO THIRD READING

Rep. COOPER moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to:

S. 973 (Word version) -- Senators Waldrep and O'Dell: A BILL TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE THAT OPERATING MILLAGE LEVIED IN A COUNTY FOR ALTERNATIVE SCHOOLS, CAREER AND TECHNOLOGY CENTERS, AND COUNTY BOARDS OF EDUCATION WHETHER OR NOT LEVIED COUNTYWIDE OR ON A SCHOOL DISTRICT BY SCHOOL DISTRICT BASIS ALSO IS CONSIDERED SCHOOL OPERATING MILLAGE TO WHICH THE PROPERTY TAX EXEMPTION PROVIDED BY THIS SECTION APPLIES, AND TO PROVIDE THAT COUNTY TREASURERS SHALL CONSIDER THESE OPERATING MILLAGES IN DETERMINING REVENUE LOST WHEN MAKING DISBURSEMENTS TO SCHOOL DISTRICTS FROM TRUST FUNDS FOR TAX RELIEF FUNDS.

Rep. COOPER explained the Bill.

The Bill was read second time and ordered to third reading.

S. 1075--RECONSIDERED, AMENDED AND ORDERED TO THIRD READING

Rep. TRIPP moved to reconsider the vote whereby the following Bill, as amended, was given a second reading, which was agreed to:

S. 1075 (Word version) -- Senators Short, Hayes, Hutto, Leventis, Peeler, Martin, Moore, Giese, Verdin, Fair, Reese, Setzler, O'Dell, Malloy, Knotts and Cromer: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT" INCLUDING PROVISIONS TO PROVIDE PROPERTY TAX CREDITS OR INCOME AND OTHER TAX CREDITS FOR REHABILITATION EXPENSES MADE TO ELIGIBLE SITES WHICH HAVE BEEN USED AS A TEXTILE MANUFACTURING FACILITY OR FOR ANCILLARY PURPOSES.

Rep. HARRELL proposed the following Amendment No. 4 (Doc Name COUNCIL\DKA\3923MM04), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered Section to read:
/ SECTION 1. A. Section 55-11-500 of the 1976 Code is amended to read:

"Section 55-11-500. As used in this article:

(a) An 'air carrier hub terminal facility' is an airport terminal facility from which an air carrier certified or licensed by the Federal Aviation Administration shall or will, within five years from the date of issuance of the obligations described herein, operate either:

(1) at least twenty common carrier departing flights a day on which the general public may fly seven days a week, fifty-two weeks a year. No less than seventy percent of all seats on these aircraft arriving at or departing from an air carrier terminal facility must be on jet aircraft capable of carrying at least one hundred passengers on each flight; or

(2) at least twenty common carrier departing flights a week on an annual basis for the purposes of transporting cargo and air freight.

(b) An 'air carrier' is a corporation licensed by the Federal Aviation Administration with a certificate of public convenience and necessity or an operating certificate under other applicable federal law or pertinent regulations which operates aircraft in common carrier service and serves an air carrier hub terminal facility as defined in this section.

(c) 'Board' means the State Budget and Control Board.

(d) 'Bonds' mean general obligation bonds of this State."
B. Section 55-11-510 of the 1976 Code is amended to read:

"Section 55-11-510. (A)A special purpose district or political subdivision of the State may petition the State for assistance hereunder. Upon receipt of such a petition, Thethe State, from the proceeds of sale of bonds authorized by Section 55-11-520, is authorized to pay a portion or all of the costs of any insurance required to guarantee the payment of, or any credit enhancement facility utilized in connection with, obligations issued or to be issued by a special purpose district or other political subdivision of this State, for the purposes of acquiring land for and constructing and equipping air carrier hub terminal facilities; except that the amount of fees paid by the State to purchase this insurance or other credit enhancement facility must not exceed one and one-half percent of the principal plus all interest payable on obligations issued by a special purpose district or other political subdivision of this State. The cost of this insurance or other credit enhancement facility may be paid by the State directly to the provider of it, or by way of reimbursement to the special purpose district or political subdivision.

(B)In addition, after review by the Joint Bond Review Committee, the board may allocate bond proceeds for the purposes authorized in this Section 55-11-520 to match on a dollar for dollar basis, local funds expended for the purposes authorized in Section 55-11-520 by any special purpose district or other political subdivision of this State. Local funds may include user fees and other monies made available by the special purpose district or political subdivision, but may not include federal grants made available to the special purpose district or other political subdivision for runway construction."

C. Section 55-11-520 of the 1976 Code is amended to read:

"Section 55-11-520. Pursuant to the provisions of subsection 6(c), Section 13, Article 10 of the Constitution of this State, in order to provide funds to pay a portion of the costs of (1) acquiring land, (2) constructing, enlarging, improving, extending, renovating, and equipping suitable air carrier hub terminal facilities to be located in this State, (3) purchasing equipment, ground support equipment, machinery, special tools, maintenance, boarding facilities, and any and all additional necessary, real or personal property for the operation of air carrier hub terminal facilities, and (4) if petitioned by a special purpose district or other political subdivision of the State, to pay a portion or all of the costs of any insurance required to guarantee the payment of, or any credit enhancement facility utilized in connection with, obligations issued by a special purpose district or other political subdivision of this State, not exceeding fifty million dollars of general obligation bonds of this State, to be outstanding at any time may be issued in the manner provided in this article and by law upon their authorization in a state capital improvement bond bill as permitted by Section 2-7-105.

As a further condition to the issuance of these bonds after their authorization in a state capital improvement bond bill, the special purpose district or other political subdivision requestingAny request that bonds to be issued pursuant to this article must have entered intobe accompanied by a binding contract with an air carrier committing the air carrier to use the air carrier hub terminal facility for a period of tenfive years or the period of time needed to retire any indebtedness incurred by the special purpose district or other political subdivision to construct the air carrier hub terminal facility, whichever is less. Upon receipt of a certified copy of the executed contract, the Secretary of Commerce shall consider an air carrier's financial ability, willingness, and commitment to serve this State and other factors considered relevant by the Secretary of Commerce. If the Secretary of Commerce determines that it is in the best interest of this State for the State to provide or to assist in the providing of suitable air carrier hub terminal facilities, the Secretary of Commerce shall recommend that the Budget and Control board consider recommendingapproving the issuance of bonds of this State for the purposes authorized in this article and shall forward his written approval and request to the Budget and Control Board.After review by the Joint Bond Review Committee, the board may allocate bond proceeds for the purposes authorized in this article to match on a dollar for dollar basis, local funds expended by any special purpose district or other political subdivision of this State. Local funds may include user fees and other monies made available by the special purpose district or political subdivision, but may not include federal grants made available to the special purpose district or other political subdivision for runway construction.Upon the approval of the issuance of any bonds pursuant to this article, the board shall adopt a resolution setting the terms and conditions for the execution, sale, delivery, interest payments, maturities, and redemption of such bonds.
D. Section 11-41-30(3) of the 1976 Code, as amended by Act 187 of 2004, is amended by adding an appropriately designated item at the end to read:

"(j)buildings associated with an economic development project as defined in Section 11-41-30(2)(a) that includes air carrier hub terminal facilities as defined in Section 55-11-500(a)(2) of the Code."
E. Section 12-10-82 of the 1976 Code, as added by Act 399 of 2000, is further amended to read:

"Section 12-10-82. (A) At the time the qualifying business enters into a revitalization agreement, it may make, with the approval of council, an irrevocable assignment of future payments attributable to the job development credit made pursuant to this chapter to the designated trustee or designee.

(B) For purposes of this chaptersection:

(1) 'designated trustee' means the single financial institution designated by the council to receive all assignments of payments made pursuant to this chapter and to the terms of an agreement entered into by the qualifying business. If a qualifying business elects to assign payments to the designated trustee, the; and

(2)'other designee' means a taxpayer that receives a minimum of seventy percent of the goods or services produced by the qualifying business at the project.

(C)The election must be made on a form provided by the department, including a waiver of confidentiality pursuant to Section 12-54-240, and the payments may be paid only to the designated trustee or other designee.
F. This SECTION takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. COOPER explained the amendment.
The amendment was then adopted.

The question then recurred to the passage of the Bill, as amended, on second reading.

Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:

So, the Bill, as amended, was read the second time and ordered to third reading.

Rep. COOPER moved that the House recede until 2:15 p.m., which was agreed to.

THE HOUSE RESUMES

At 2:15 p.m. the House resumed, the SPEAKER in the Chair.

ACTING SPEAKER BARFIELD IN CHAIR

POINT OF QUORUM

The question of a quorum was raised.
A quorum was later present.

SPEAKER IN CHAIR

H. 4934--ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, cloture having been ordered:

H. 4934 (Word version) -- Reps. Witherspoon, Clemmons, Loftis, Edge, Rhoad, Viers, Barfield, Lee, Snow, Duncan, Koon, Frye, Altman, Battle, R. Brown, Chellis, Coates, Davenport, Freeman, Hamilton, Harvin, Haskins, Hosey, Leach, McCraw, Miller, Phillips, Quinn, Sinclair, F. N. Smith, G. R. Smith, J. R. Smith, Stewart, Stille, Townsend, Tripp, Vaughn and Young: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 38 SO AS TO ENACT THE "SOUTH CAROLINA ISOLATED WETLANDS ACT OF 2004" WHICH ESTABLISHES A PROGRAM TO REGULATE ISOLATED WETLANDS AND ACTIVITIES IN AND AROUND ISOLATED WETLANDS INCLUDING A REQUIREMENT FOR MITIGATION TO COMPENSATE FOR ISOLATED WETLAND DISTURBANCES, BY ADDING SECTION 12-6-1125 SO AS TO PROVIDE THAT GROSS INCOME SHALL NOT INCLUDE AN AMOUNT RECEIVED BY THE OWNER OF ISOLATED WETLANDS FOR ALLOWING A PERSON TO USE THE ISOLATED WETLANDS IN A COMPATIBLE USE; BY ADDING SECTION 12-6-3525 SO AS TO PERMIT A TAXPAYER TO ELECT TO CLAIM AN INCOME TAX CREDIT IN AN AMOUNT EQUAL TO TWENTY-FIVE PERCENT OF THE TOTAL AMOUNT OF THE FEDERAL DEDUCTION ATTRIBUTABLE TO THE DONATION OF THE ISOLATED WETLANDS LOCATED IN THIS STATE; BY ADDING SECTION 12-37-945 SO AS TO PROVIDE THAT PROPERTY THAT IS MAPPED OR DELINEATED AS ISOLATED WETLANDS MUST BE CONSIDERED UNDEVELOPED PROPERTY FOR AD VALOREM TAX PURPOSES UNTIL SUCH TIME AS THE LANDOWNER OBTAINS A PERMIT THAT ALLOWS THE PROPERTY TO BE DEVELOPED; TO ADD SECTION 48-1-95 SO AS TO PROVIDE THAT ANY NATIONWIDE PERMIT APPLICATION SUBMITTED TO THE DEPARTMENT FOR CONSIDERATION SHALL BE PRESUMED TO COMPLY WITH THE APPLICABLE WATER QUALITY CRITERIA AND COASTAL ZONE MANAGEMENT CRITERIA OF THE STATE WITHOUT ANY FURTHER TERMS OR CONDITIONS IMPOSED BY THE DEPARTMENT AND TO DEFINE "NATIONWIDE PERMIT" FOR THAT PURPOSE; AND TO AMEND SECTION 48-39-210, AS AMENDED, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BEING THE ONLY STATE AGENCY AUTHORIZED TO PERMIT OR DENY ALTERATIONS OR UTILITIZATIONS WITHIN CRITICAL AREAS, SO AS TO REVISE THE MANNER IN WHICH THESE ALTERATIONS OR UTILIZATIONS ARE PERMITTED AND GRANTED.

Rep. HAGOOD spoke against the Bill.

POINT OF ORDER

Rep. J. E. SMITH raised the Point of Order that the Bill was out of order in that a fiscal impact statement as required under Rule 5.13 was not attached to the Bill.
SPEAKER WILKINS stated that there was nothing in the Bill indicating the Bill caused an expenditure of money by the State and he therefore overruled the Point of Order.

H. 4785 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 38-53-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS THAT A BONDSMAN OR RUNNER MAY NOT PERFORM, SO AS TO PROVIDE THAT A BONDSMAN OR RUNNER MAY NOT RETRIEVE A BONDS LIST FROM A JAIL OR RETRIEVE ANY NAMES AND FAMILY RECORDS FROM ANY JAIL RECORDS; TO AMEND SECTION 38-53-340, RELATING TO PENALTIES FOR VIOLATING CERTAIN PROVISIONS THAT REGULATE THE ACTIVITIES OF BAIL BONDSMEN AND RUNNERS, SO AS TO PROVIDE THAT A PERSON WHO VIOLATES THESE PROVISIONS HAS COMMITTED A CRIME OF MORAL TURPITUDE, TO RECLASSIFY A VIOLATION FROM A MISDEMEANOR TO A FELONY, AND TO INCREASE THE PENALTY.

Rep. G. M. SMITH moved to recommit the Bill to the Committee on Judiciary, which was agreed to.

H. 5078--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 5078 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-295 SO AS TO PROVIDE THAT NO TELECOMMUNICATIONS SERVICE PROVIDER SHALL ENTER INTO ANY AGREEMENT WHICH RESTRICTS OR LIMITS THE ABILITY OF ANY OTHER TELECOMMUNICATIONS SERVICE PROVIDER FROM OBTAINING EASEMENTS OR RIGHTS-OF-WAY FOR THE INSTALLATION OF FACILITIES OR EQUIPMENT TO PROVIDE TELECOMMUNICATIONS SERVICES IN THIS STATE OR WHICH OFFERS OR GRANTS INCENTIVES OR REWARDS TO AN OWNER OF REAL PROPERTY TO ENCOURAGE THE OWNER TO REFUSE OR RESTRICT ACCESS TO THE REAL PROPERTY BY ANY OTHER TELECOMMUNICATIONS SERVICE PROVIDER, TO PROVIDE EXCEPTIONS, AND TO PROVIDE CIVIL PENALTIES FOR VIOLATIONS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\ 21192SD04), which was adopted:
Amend the bill, as and if amended, 'by striking Section 58-9-295 of the 1976 Code, as contained in SECTION 1, and inserting:
/ SECTION 1. Chapter 9, Title 58 of the 1976 Code is amended by adding:

"Section 58-9-295. (A) No telecommunications service provider or any parent company, subsidiary, or affiliate of such a provider shall enter into any contract, agreement, or arrangement, oral or written, with any person or entity that does any of the following:

(1) requires such person or entity to restrict or limit the ability of any other telecommunications service provider from obtaining easements or rights-of-way for the installation of facilities or equipment to provide telecommunications services in this State or otherwise deny or restrict access to the real property by any other telecommunications service provider; or

(2) offers or grants incentives or rewards to an owner of real property or the owner's agent that are contingent upon the provision of telecommunications service on the premises by a single telecommunications service provider.

(B) Nothing in this section prohibits a user or prospective user of telecommunications service from entering into a lawful agreement with a telecommunications service provider with respect to the user or prospective user's own telecommunications service.

(C) Nothing in this section shall prohibit an entity described in subsection (A) of this section from entering into any contract, agreement, or arrangement, oral or written, by which an owner of real property or the owner's agent agrees to encourage users or prospective users of telecommunications service to select a particular telecommunications service provider. However, the contract, agreement, or arrangement may not restrict or limit the ability of any other telecommunications service provider from obtaining easements or rights-of-way for the installation of facilities or equipment to provide telecommunications services in this State and also may not require the owner or the owner's agent to refuse or restrict access to the real property by any other telecommunications service provider. All contracts, agreements, or arrangements made on or after the effective date of this section are void and unenforceable.

If the owner of real property or the owner's agent refuses access to another telecommunications service provider, then the telecommunications service provider that owns the telecommunications facility on such real property shall be required to offer the requesting telecommunications carrier consistent with state and federal law:

(1) interconnection;

(2) unbundled network elements; and

(3) resale at wholesale rates any telecommunications service that the carrier provides at retail to subscribers who are not telecommunications carriers.

(D) Any telecommunications service provider who violates the provisions of this section shall be subject to penalties as set forth in Article 13, Chapter 9 of Title 58.

(E) Contracts, agreements, and arrangements subject to this section may be obtained by the Office of Regulatory Staff pursuant to Sections 58-4-50 and 58-4-55.

(F) For purposes of this section, 'telecommunications service provider' means a telephone utility as defined in Section 58-9-10(6), a government-owned telecommunications provider as defined in Section 58-9-2610(1), and a telephone cooperative as defined in Section 33-46-20(4)." /
Renumber sections to conform.
Amend title to conform.

Rep. SANDIFER explained the amendment.
The amendment was then adopted.

Reps. KIRSH and SCOTT proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\3919DW04), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Chapter 9 of Title 58 of the 1976 Code is amended by adding:

"Section 58-9-265. (A) Unless otherwise prohibited by law, the commission shall require countywide toll-free calling to be provided by all telephone utilities operating within a county by July 1, 2004. If two or more telephone utilities operate in the same county, each telephone utility shall provide countywide toll-free calling to and from telephones within the area served by the other telephone utility or telephone utilities in the county.

(B) The commission shall require telephone utilities to enter into negotiations to provide for countywide toll-free calling throughout their service areas. If the telephone utilities are unable to reach an agreement within a time frame consistent with the requirements of this section, the commission shall impose its own countywide toll-free calling plan." /
Renumber sections to conform.
Amend title to conform.

Rep. KIRSH explained the amendment.

POINT OF ORDER

Rep. CATO raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill under Rule 9.3.
SPEAKER WILKINS stated that the Bill dealt with telecommunication right-of-ways and easements, but the amendment dealt with toll-free county-wide calling. He therefore sustained the Point of Order and ruled the amendment out of order.

Rep. SCOTT moved to adjourn debate on the Bill.

Rep. SANDIFER moved to table the motion, which was agreed to by a division vote of 46 to 17.

Rep. SCOTT moved to continue the Bill, which was rejected by a division vote of 6 to 70.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

So, the Bill, as amended, was read the second time and ordered to third reading.

RECORD FOR VOTING

I was temporarily out of the Chamber during the vote on H. 5078. I would have voted 'yes' on the Bill.

Rep. Jo Anne Gilham

RECORD FOR VOTING

I was temporarily out of the Chamber during the vote on H. 5078. I would have voted 'yes' on the Bill.

Rep. J.M. Neal

H. 5111--DEBATE ADJOURNED

Rep. WITHERSPOON moved to adjourn debate upon the following Bill, which was adopted:

H. 5111 (Word version) -- Reps. Witherspoon, Frye, McLeod, Coleman, Bailey, Martin, Townsend, Sinclair, Barfield, Cobb-Hunter, Rutherford, Mack, Rhoad, Ott, Duncan, J. H. Neal, Emory, J. M. Neal, Whitmire, Thompson, Cooper, Anthony, Bales, Bowers, R. Brown, Clemmons, Coates, Davenport, Freeman, Govan, Herbkersman, J. Hines, Hosey, Jennings, Keegan, Kennedy, Koon, Lee, Limehouse, Loftis, Neilson, Pinson, M. A. Pitts, Rivers, Sandifer, F. N. Smith, G. M. Smith, Snow, Talley, Taylor, Toole, Umphlett, Weeks, Whipper and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA DAIRY STABILIZATION ACT", TO ESTABLISH THE SOUTH CAROLINA MILK BOARD, TO PROVIDE FOR ITS MEMBERS, PROCEDURES FOR THEIR APPOINTMENT AND FOR THEIR POWERS AND DUTIES; TO PROVIDE THAT THE BOARD'S PRIMARY DUTY IS TO ESTABLISH A FAIR MARKET BREAKEVEN PRICE FOR PRODUCERS OF MILK AND EXERCISE GENERAL SUPERVISION OVER THE MILK INDUSTRY IN THIS STATE; TO PROVIDE THAT THE BOARD MUST BE LOCATED IN THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE; TO AUTHORIZE THE BOARD TO ENTER INTO COMPACTS FOR A UNIFORM SYSTEM OF MILK CONTROL, TO CONDUCT INVESTIGATIONS AND MEDIATE AND ARBITRATE MILK DISPUTES, TO ISSUE RULES, ORDERS, AND FAIR MARKET BREAKEVEN MILK PRICES, TO SPECIFY CONDITIONS UNDER WHICH FEES MAY BE COLLECTED WHEN MILK DROPS BELOW THE FAIR MARKET BREAKEVEN PRICE SET BY THE BOARD, AND TO PROVIDE FOR THE COLLECTION AND DISBURSAL OF THESE FEES; TO REQUIRE LICENSURE IN ORDER TO OPERATE AS A MILK BUYER; TO AUTHORIZE THE BOARD TO DEVELOP A SYSTEM OF ACCOUNTING FOR BUYERS OF MILK AND TO SANCTION THOSE BUYERS WHO DO NOT USE THE SYSTEM; AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS CHAPTER.

H. 4440--DEBATE ADJOURNED

Rep. QUINN moved to adjourn debate upon the following Bill, which was adopted:

H. 4440 (Word version) -- Reps. Limehouse, Clemmons, Altman and Bales: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF A MOTOR HOME AS REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXES AND THE REQUIREMENTS NECESSARY FOR THAT CLASSIFICATION, SO AS TO INCLUDE BOATS WITHIN THE CLASSIFICATION IF THEY MEET THE SAME REQUIREMENTS, AND TO PROVIDE A CAP ON THE MAXIMUM AD VALOREM TAXATION WHICH MAY BE LEVIED ON SUCH A BOAT FOR ANY YEAR.

H. 5027--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the following Bill, which was adopted:

H. 5027 (Word version) -- Reps. Harrell, W. D. Smith, Merrill, Clemmons, Cooper, Altman, Barfield, Cato, Ceips, Chellis, Duncan, Edge, Gilham, Hayes, Herbkersman, Keegan, Limehouse, Miller, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "UNIFORM AND FAIR GOLF COURSE VALUATION ACT OF 2004" BY ADDING SECTION 12-43-365 SO AS TO PROVIDE FOR THE MANNER IN WHICH THE FAIR MARKET VALUE OF GOLF COURSE REAL PROPERTY IS DETERMINED FOR AD VALOREM TAX PURPOSES AND THE PROCEDURES WHICH APPLY WITH RESPECT TO THIS DETERMINATION.

H. 4127--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the following Bill, which was adopted:

H. 4127 (Word version) -- Reps. Wilkins, Harrell, Quinn, Harrison, W. D. Smith, Cotty, Cato, Young, G. R. Smith, Tripp, Leach, Pinson, Koon, Altman, Bingham, Ceips, Chellis, Clark, Davenport, Delleney, Duncan, Edge, Frye, Gilham, Hagood, Hamilton, Haskins, Herbkersman, Hinson, Keegan, Limehouse, Mahaffey, McGee, Merrill, M. A. Pitts, Rice, Sandifer, Scarborough, Skelton, D. C. Smith, G. M. Smith, J. R. Smith and Toole: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2003" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING ARTICLE 6 TO CHAPTER 3 OF TITLE 1 SO AS TO ESTABLISH THE DIVISION OF THE STATE CHIEF INFORMATION OFFICER TO BE HEADED BY THE STATE CHIEF INFORMATION OFFICER WHO IS APPOINTED BY THE BUDGET AND CONTROL BOARD UPON RECOMMENDATION OF THE GOVERNOR AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE DEPARTMENT; TO CREATE A JOINT INFORMATION FINANCE COMMITTEE AND THE INFORMATION TECHNOLOGY ARCHITECTURE REVIEW PANEL AND TO PROVIDE FOR THE FUNCTIONS, POWERS, AND RESPONSIBILITIES OF THE COMMITTEE AND PANEL, AND TO AMEND SECTION 11-35-1580, AS AMENDED, RELATING TO INFORMATION TECHNOLOGY PROCUREMENTS, SO AS TO DELETE CERTAIN RESPONSIBILITIES OF THE INFORMATION TECHNOLOGY MANAGEMENT OFFICE; AND BY ADDING CHAPTER 8 TO TITLE 1 SO AS TO CREATE THE OFFICE OF STATE INSPECTOR GENERAL AS A SEPARATE DIVISION WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE STATE INSPECTOR GENERAL MUST BE NOMINATED BY THE GOVERNOR AND ELECTED UNANIMOUSLY BY THE BUDGET AND CONTROL BOARD FOR A TERM COTERMINOUS WITH THAT OF THE GOVERNOR, TO PROVIDE FOR THE PURPOSE, DUTIES, RESPONSIBILITIES, AND AUTHORITY OF THE STATE INSPECTOR GENERAL, TO PROVIDE A DEFINITION OF "EXECUTIVE AGENCIES" FOR PURPOSES OF THIS CHAPTER, AND TO PROVIDE FOR THE RECEIPT AND INVESTIGATION OF COMPLAINTS RELATING TO IMPROPER OR UNLAWFUL ACTIVITY WITHIN EXECUTIVE AGENCIES OF THE STATE GOVERNMENT.

H. 5129--DEBATE ADJOURNED

Rep. QUINN moved to adjourn debate upon the following Bill, which was adopted:

H. 5129 (Word version) -- Reps. Rice, Talley, Clyburn, Frye, Hamilton, Herbkersman, Hosey, Keegan, Littlejohn, Martin, Owens, Perry, E. H. Pitts, Scarborough, Simrill, Sinclair, J. R. Smith, Snow, Taylor, Young, Cato, Loftis, G. R. Smith and Leach: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 24 SO AS TO ESTABLISH THE SOUTH CAROLINA SUNSET COMMISSION AND A SUNSET REVIEW DIVISION OF THE LEGISLATIVE AUDIT COUNCIL, TO ESTABLISH PROCEDURES PROVIDING FOR THE MANNER IN WHICH THE PROGRAMS OF CERTAIN AGENCIES AND DEPARTMENTS OF STATE GOVERNMENT MUST BE EVALUATED TO DETERMINE IF THEY SHOULD BE CONTINUED IN EXISTENCE, MODIFIED, OR TERMINATED, AND TO ESTABLISH THE PROCEDURES BY WHICH THESE PROGRAMS MUST BE CONTINUED, MODIFIED, OR TERMINATED.

H. 4556--DEBATE ADJOURNED

Rep. TOWNSEND moved to adjourn debate upon the following Bill, which was adopted:

H. 4556 (Word version) -- Reps. Townsend, Davenport, McGee, Clark, W. D. Smith, Wilkins, Harvin and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 25, TITLE 57 SO AS TO ENACT THE SOUTH CAROLINA RELOCATION AND RECONSTRUCTION AGREEMENT ACT, TO EMPOWER LOCAL GOVERNING BODIES TO ENTER INTO AGREEMENTS WITH SIGN OWNERS TO RELOCATE AND RECONSTRUCT SIGNS, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WHEN A SIGN IS REMOVED WITHOUT AN AGREEMENT BETWEEN THE PARTIES, AND TO PROVIDE FOR MEDIATION OR ARBITRATION BETWEEN THE PARTIES WHEN THEY FAIL TO REACH AN AGREEMENT.

H. 4557--DEBATE ADJOURNED

Rep. COBB-HUNTER moved to adjourn debate upon the following Bill, which was adopted:

H. 4557 (Word version) -- Reps. Townsend, Harrell, Martin, Stille, Thompson and White: A BILL TO REPEAL SECTION 59-21-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEVEL OF FINANCIAL EFFORT PER PUPIL REQUIRED OF EACH SCHOOL DISTRICT.

H. 4801--DEBATE ADJOURNED

Rep. TOWNSEND moved to adjourn debate upon the following Bill, which was adopted:

H. 4801 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-1-748, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO ARE ISSUED A RESTRICTED DRIVER'S LICENSE UNDER VARIOUS PROVISIONS OF LAW BEING INELIGIBLE TO OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER THESE PROVISIONS, SO AS TO PROVIDE THAT THIS LIMITATION ALSO APPLIES TO A PERSON ISSUED A RESTRICTED DRIVER'S LICENSE AFTER HIS LICENSE IS SUSPENDED FOR REFUSING TO SUBMIT TO TESTING TO DETERMINE HIS ALCOHOL CONCENTRATION OR FOR REGISTERING A CERTAIN LEVEL OF ALCOHOL CONCENTRATION; AND TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVER'S LICENSES, SO AS TO PROVIDE THAT A PERSON MAY BE ISSUED ONLY ONE PROVISIONAL DRIVER'S LICENSE IN A TEN-YEAR PERIOD.

H. 4805--DEBATE ADJOURNED

Rep. TOWNSEND moved to adjourn debate upon the following Bill, which was adopted:

H. 4805 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-9-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING VERIFICATION THAT AN OPERATOR OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT THAT RESULTS IN PROPERTY DAMAGE MUST VERIFY THAT THE VEHICLE HAS LIABILITY INSURANCE COVERAGE, SO AS TO REVISE THE MINIMUM AMOUNT OF PROPERTY DAMAGE THAT MUST OCCUR BEFORE INSURANCE VERIFICATION MUST BE OBTAINED; TO AMEND SECTION 56-9-351, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS INVOLVED IN CERTAIN MOTOR VEHICLE ACCIDENTS, SO AS TO REVISE THE MINIMUM AMOUNT OF PROPERTY DAMAGE THAT MUST OCCUR BEFORE THE PROVISIONS CONTAINED IN THIS SECTION BECOME APPLICABLE; AND TO AMEND SECTION 56-9-359, RELATING TO THE AMOUNT OF SECURITY THE DEPARTMENT OF MOTOR VEHICLES MAY ORDER A PERSON TO DEPOSIT, SO AS TO REVISE THE MINIMUM AMOUNT OF SECURITY THAT MAY BE REQUIRED BY THE DEPARTMENT.

H. 4653--DEBATE ADJOURNED

Rep. WALKER moved to adjourn debate upon the following Bill, which was adopted:

H. 4653 (Word version) -- Reps. W. D. Smith, Wilkins and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA PARENTAL RESPONSIBILITIES ACT OF 2004"; BY ADDING SECTION 59-63-205 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL ADOPT A STUDENT DISCIPLINE POLICY AND TO DEFINE CERTAIN TERMS; BY ADDING SECTION 59-28-230 SO AS TO PROVIDE THAT IF A PARENT FAILS TO ATTEND A SCHOOL'S THIRD REQUEST FOR A CONFERENCE TO DISCUSS THE CHILD'S ACADEMIC PROGRESS OR VIOLATION OF SCHOOL RULES, THE DISTRICT SUPERINTENDENT, UPON CERTAIN CONDITIONS, MAY REQUEST THAT THE MAGISTRATE ISSUE A SUBPOENA TO COMPEL THE PRESENCE OF THE PARENT AND TO PROVIDE PENALTIES; BY ADDING SECTION 59-28-240 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP IN-SERVICE TRAINING PROGRAMS FOR APPROPRIATE SCHOOL PERSONNEL WHO WORK WITH STUDENTS AT RISK OF FAILURE AND THEIR PARENTS; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION SHALL ADOPT PROGRAM APPROVAL STANDARDS FOR STUDENTS PURSUING A COLLEGE OR UNIVERSITY PROGRAM IN INSTRUCTIONAL OR ADMINISTRATIVE PERSONNEL SHALL COMPLETE TRAINING IN WORKING WITH STUDENTS AT RISK OF FAILURE AND THEIR PARENTS; BY ADDING ARTICLE 6, CHAPTER 65, TITLE 59 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT BOARD OF TRUSTEES AND EACH SCHOOL SHALL ADOPT A TRUANCY POLICY, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH PROCEDURES TO ALLOW A STUDENT TO ENROLL IN ALTERNATIVE OR ADULT EDUCATION PROGRAMS TO PREVENT FURTHER TRUANCY, TO PROVIDE FOR THE DEVELOPMENT OF PARENT RESPONSIBILITY PROGRAMS TO ADDRESS NONATTENDANCE PROBLEMS; TO AMEND SECTION 59-65-20, RELATING TO PENALTIES FOR FAILURE TO ENROLL A CHILD IN SCHOOL, SO AS TO INCREASE THE FINE FROM NOT MORE THAN FIFTY DOLLARS TO NOT MORE THAN FIVE HUNDRED DOLLARS; TO AMEND SECTION 59-65-50, RELATING TO NON ATTENDANCE REPORTED TO THE COURT, SO AS TO PROVIDE THAT A SCHOOL DISTRICT SHALL NOTIFY STUDENTS AND PARENTS OR GUARDIANS OF STATE ATTENDANCE LAWS AND PENALTIES; TO PROVIDE THAT PARENTS MUST BE NOTIFIED OF CERTAIN ABSENCES AND SHALL WORK WITH THE DISTRICT TO FORMULATE AN INTERVENTION PLAN; TO PROVIDE FOR TRANSFER OF DOCUMENTS AND PLANS IF THE STUDENT TRANSFERS; AND TO PROVIDE FOR REFERRAL OF THE CASE TO THE SOLICITOR, UPON CERTAIN CONDITIONS, WHEN THE CHILD HAS TEN OR MORE UNLAWFUL ABSENCES; TO AMEND SECTION 59-65-60, RELATING TO THE COURT'S PROCEDURE UPON RECEIPT OF THE REPORT OF NONATTENDANCE, SO AS TO PROVIDE THAT FURTHER ACCUMULATION AFTER TEN UNLAWFUL ABSENCES MUST BE TOLLED UNTIL THE FAMILY COURT HEARING; TO PROVIDE THE TIMELINE AND PROCEDURE FOR REPORTING THE ABSENCES TO THE SOLICITOR, FILING THE COMPLAINT, SERVING THE COMPLAINT, AND HOLDING THE HEARING; TO PROVIDE FOR AN ATTENDANCE ORDER AND A REVISION OF THE INTERVENTION PLAN; TO PROVIDE THAT A PARENT OR GUARDIAN WHO FAILS TO COMPLY WITH THE ATTENDANCE ORDER IS GUILTY OF CONTEMPT WITH CERTAIN EXCEPTIONS AND TO PROVIDE PENALTIES; TO PROVIDE WHEN THE COURT MAY DECLARE A CHILD A TRUANT, ADJUDICATE A CHILD AS A STATUS OFFENDER, AND SUBJECT A CHILD TO APPROPRIATE PROVISIONS OF LAW; AND TO PROVIDE FOR OPTIONS WHEN A CHILD IS FOUND TO BE A HABITUAL TRUANT; BY ADDING SECTION 14-1-240 SO AS TO PROVIDE THAT THE CHIEF JUDGE FOR ADMINISTRATIVE PURPOSES IN EACH CIRCUIT SHALL SCHEDULE AT LEAST TWO DAYS A MONTH FOR A JUDGE IN A FAMILY COURT TO HEAR TRUANCY CASES; TO AMEND SECTION 56-1-176, AS AMENDED, RELATING TO CONDITIONS FOR ISSUANCE OF A CONDITIONAL DRIVER'S LICENSE AND A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT IF A STUDENT FAILS TO MEET THE EXPULSION REQUIREMENTS, THE SCHOOL DISTRICT SHALL NOTIFY THE DEPARTMENT OF MOTOR VEHICLES, WHO MAY SUSPEND THE STUDENT'S DRIVER'S LICENSE; TO AMEND SECTION 59-65-10, AS AMENDED, RELATING TO A PARENT'S RESPONSIBILITY TO CAUSE A CHILD TO ATTEND SCHOOL, SO AS TO INCREASE THE AGE UNTIL WHICH A CHILD SHALL ATTEND SCHOOL FROM SEVENTEEN TO EIGHTEEN; AND TO REPEAL SECTION 59-65-70 RELATING TO WHEN A COURT MAY DECLARE A CHILD DELINQUENT.

H. 5080--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 5080 (Word version) -- Reps. W. D. Smith, Wilkins, Loftis, Harrell, Cato, Chellis, Clemmons, Edge, Frye, Herbkersman, Leach, Owens, Perry, Rice, Richardson, Sandifer, Simrill, F. N. Smith, G. R. Smith, J. R. Smith, Stewart, Talley, Townsend, Tripp, Vaughn, White, Witherspoon and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46, CAROLINA PUBLIC SCHOOL DISTRICT, TO TITLE 59; TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES; AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL SPONSORED BY THE CAROLINA PUBLIC SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10234SJ04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 40, Title 59 of the 1976 Code is amended to read:

"CHAPTER 40
Charter Schools

Section 59-40-10. This chapter may be cited as the 'South Carolina Charter Schools Act of 1996'.

Section 59-40-20. This chapter is enacted to:

(1) improve student learning;

(2) increase learning opportunities for students;

(3) encourage the use of a variety of productive teaching methods;

(4) establish new forms of accountability for schools;

(5) create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site; and

(6) assist South Carolina in reaching academic excellence.

Section 59-40-30. (A) In authorizing charter schools, it is the intent of the General Assembly to create a legitimate avenue for parents, teachers, and community members to take responsible risks and create new, innovative, and more flexible ways of educating all children within the public school system. The General Assembly seeks to create an atmosphere in South Carolina's public school systems where research and development in producing different learning opportunities is actively pursued and where classroom teachers are given the flexibility to innovate and the responsibility to be accountable. As such, the provisions of this chapter should be interpreted liberally to support the findings and goals of this chapter and to advance a renewed commitment by the State of South Carolina to the mission, goals, and diversity of public education.

(B) It is the intent of the General Assembly that creation of this chapter encourages cultural diversity, educational improvement, and academic excellence. Further, it is not the intent of the General Assembly to create a segregated school system but to continue to promote educational improvement and excellence in South Carolina.

Section 59-40-40. As used in this chapter:

(1) A 'charter school' means a public, nonsectarian, nonreligious, nonhome-based, nonprofit corporation forming a school whichthat operates within a public school district or the Carolina Public Charter School District, but is accountable to the local school board of trustees of that district, whichthat grants its charter.

(2) A charter school:

(a) is considered a public school and part of the Carolina Public Charter School District or school district in which it is located for the purposes of state law and the state constitution;

(b) is subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services;

(c) must be administered and governed by a governing body in a manner agreed to by the charter school applicant and the sponsor, the governing body to be selected, as provided in Section 59-40-50(B)(9);

(d) shallmay not charge tuition or other charges of any kindpursuant to Section 59-19-90(8) except as may be allowed by the sponsor and is comparable to the charges of the local school district in which the charter school is located.

(3) 'Applicant' means the person who or nonprofit corporate entity that desires to form a charter school and files the necessary application with the Carolina Public Charter School District Board of Trustees or the local school board of trustees in which the charter school is to be located. The applicant also must be the person who applies to the Secretary of State to organize the charter school as a nonprofit corporation.

(4) 'Sponsor' means the Carolina Public Charter School District Board of Trustees or the local school board of trustees in which the charter school is to be located established, as provided by law, from which the charter school applicant requested its charter and which granted approval for the charter school's existence.

(5) 'Certified teacher' means a person currently certified by the State of South Carolina to teach in a public elementary or secondary school or who currently meets the qualification outlined in Sections 59-27-10 and 59-25-115.

(6) 'Noncertified teacher' means an individual considered appropriately qualified for the subject matter taught and who has completed at least one year of study at an accredited college or university and meets the qualifications outlined in Section 59-25-115.

(7) 'Charter committee' means the governing body of a charter school formed by the applicant to govern through the application process and until the election of a board of directors is held. After the election, the board of directors of the corporation must be organized as the governing body and the charter committee is dissolved.

(8)'Local school district' means any school district in the State except the Carolina Public Charter School District.

Section 59-40-50. (A) Except as otherwise provided in this chapter, a charter school is exempt from all provisions of law and regulations applicable to a public school, a school board, or a district, although a charter school may elect to comply with one or more of these provisions of law or regulations.

(B) A charter school must:

(1) adhere to the same health, safety, civil rights, and disability rights requirements as are applied to public schools operating in the same school district or, in the case of the Carolina Public Charter School District, the local school district in which the charter school is located;

(2) meet, but may exceed, the same minimum student attendance requirements as are applied to public schools operating in the same district;

(3) adhere to the same financial audits, audit procedures, and audit requirements as are applied to public schools operating in the same school district;

(4) be considered a school district for purposes of tort liability under South Carolina law, except that the tort immunity does not include acts of intentional or wilful racial discrimination by the governing body or employees of the charter school. Employees of charter schools must be relieved of personal liability for any tort or contract related to their school to the same extent that employees of traditional public schools in their school district or, in the case of the Carolina Public Charter School District, the local school district in which the charter school is located are relieved;

(5) in its discretion hire noncertified teachers in a ratio of up to twenty-five percent of its entire teacher staff; however, if it is a converted charter school, it shall hire in its discretion noncertified teachers in a ratio of up to ten percent of its entire teacher staff. However, in either a new or converted charter school, a teacher teaching in the core academic areas of English/language arts, mathematics, science, or social studies must be certified in those areas or possess a baccalaureate or graduate degree in the subject he or she is hired to teach. Part-time noncertified teachers are considered pro rata in calculating this percentage based on the hours which they are expected to teach;

(6) hire in its discretion administrative staff to oversee the daily operation of the school. At least one of the administrative staff must be certified or experienced in the field of school administration;

(7) admit all children eligible to attend public school in a school district to a charter school operating in that school district, subject to space limitations. However, it is required that the racial composition of the charter school enrollment reflect that of the school district in which the charter school is located or that of the targeted student population whichof the local school district that the charter school proposes to serve, to be defined for the purposes of this chapter as differing by no more than twenty percent from that population. This requirement is also subject to the provisions of Section 59-40-70(D). If the number of applications exceeds the capacity of a program, class, grade level, or building, students must be accepted by lot, and there is no appeal to the sponsor;

(8) not limit or deny admission or show preference in admission decisions to any individual or group of individuals; provided, however, that a charter school may give enrollment priority to a sibling of a pupil already enrolled, children of a charter school employee, and children of the charter committee, provided their enrollment does not constitute more than twenty percent of the enrollment of the charter school;

(9) elect its board of directors annually. All employees of the charter school and all parents or guardians of students enrolled in the charter school are eligible to participate in the election. Parents or guardians of a student shall have one vote for each student enrolled in the charter school;

(10) be subject to the Freedom of Information Act, including the charter school and its governing body.

(C)(1) If a charter school denies admission to a student, the student may appeal the denial to the school board of trusteessponsor. The decision is binding on the student and the charter school.

(2) If a charter school suspends or expels a student, other charter schools or the local school district in which the charter school is located has the authority but not the obligation to refuse admission to the student.

(3) The sponsor or the local school district has no obligation to provide extracurricular activities or access to facilities of the school districtfor extracurricular activities for students enrolled in the charter school; however, the charter contract may include participation in agreed upon interscholastic activities at a designated school within the sponsorlocal school district. Students participating under this agreement shallmust be considered eligible to participate in league events if all other eligibility requirements are met.

Section 59-40-60. (A) An approved charter application constitutes an agreement, and the terms must be the terms of a contract between the charter school and the sponsor.

(B) The contract between the charter school and the sponsor shall reflect all agreements regarding the release of the charter school from local school district policies.

(C) A material revision of the terms of the contract between the charter school and the approving board may be made only with the approval of both parties.

(D) Except as provided in subsection (F), an applicant who wishes to form a charter school shall:

(1) organize the charter school as a nonprofit corporation pursuant to the laws of this State;

(2) form a charter committee for the charter school which includes one or more teachers;

(3) submit a written charter school application to the charter school advisory committee and the local school board of trustees for the school district in which the charter school is to be located or to the Carolina Public Charter School District Board of Trustees.

(E) A charter committee is responsible for and has the power to:

(1) submit an application to operate as a charter school, sign a charter school contract, and ensure compliance with all of the requirements for charter schools provided by law;

(2) employ and contract with teachers and nonteaching employees, contract for other services, and develop pay scales, performance criteria, and discharge policies for its employees. All teachers whether certified or noncertified must undergo the background checks and other investigations required for certified teachers, as provided by law, before they may teach in the charter school; and

(3) decide all other matters related to the operation of the charter school, including budgeting, curriculum, and operating procedures.

(F) The charter school application shall be a proposed contract and must include:

(1) the mission statement of the charter school, which must be consistent with the principles of the General Assembly's purposes pursuant to Section 59-40-20;

(2) the goals, objectives, and pupil achievement standards to be achieved by the charter school, and a description of the charter school's admission policies and procedures;

(3) evidence that an adequate number of parents, teachers, pupils, or any combination of them support the formation of a charter school;

(4) a description of the charter school's educational program, pupil achievement standards, and curriculum which must meet or exceed any content standards adopted by the school district in which the charter school is locatedState Board of Education and must be designed to enable each pupil to achieve these standards;

(5) a description of the charter school's plan for evaluating pupil achievement and progress toward accomplishment of the school's achievement standards in addition to state assessments, the timeline for meeting these standards, and the procedures for taking corrective action if that pupil achievement falls below the standards;

(6) evidence that the plan for the charter school is economically sound, a proposed budget for the term of the charter, a description of the manner in which an annual audit of the financial and administrative operations of the charter school, including any services provided by the school district, is to be conducted;

(7) a description of the governance and operation of the charter school, including the nature and extent of parental, professional educator, and community involvement in the governance and operation of the charter school;

(8) a description of how the charter school plans to ensure that the enrollment of the school is similar to the racial composition of the local school district in which the charter school is to be located or the targeted student population of the local school district that the charter school proposed to serve and provide assurance that the school does not conflict with any school district desegregation plan or order in effect for the school district in which the charter school is to be located;

(9) a description of how the charter school plans to meet the transportation needs of its pupils;

(10) a description of the building, facilities, and equipment and how they shall be obtained;

(11) an explanation of the relationship that shall exist between the proposed charter school and its employees, including descriptions of evaluation procedures and evidence that the terms and conditions of employment have been addressed with affected employees;

(12) a description of a reasonable grievance and termination procedure, as required by this chapter, including notice and a hearing before the governing body of the charter school. The application must state whether or not the provisions of Article 5, Chapter 25 of Title 59 apply to the employment and dismissal of teachers at the charter school;

(13) a description of student rights and responsibilities, including behavior and discipline standards, and a reasonable hearing procedure, including notice and a hearing before the board of directors of the charter school before expulsion;

(14) an assumption of liability by the charter school for the activities of the charter school and an agreement that the charter school must indemnify and hold harmless the school district, its servants, agents, and employees, from any and all liability, damage, expense, causes of action, suits, claims, or judgments arising from injury to persons or property or otherwise which arises out of the act, failure to act, or negligence of the charter school, its agents and employees, in connection with or arising out of the activity of the charter school; and

(15) a description of the types and amounts of insurance coverage to be obtained by the charter school.

(G) Nothing in this section shall require a charter school applicant to provide a list of prospective or tentatively enrolled students or prospective employees with the application.

Section 59-40-70. (A) The Charter School Advisory Committee shallmust be established by the State Board of Education to review charter school applications for compliance with established standards that reflect the requirements and intent of this chapter. Members shallmust be appointed by the State Board of Education unless otherwise indicated.

(1) The advisory committee shall consist of eleven members as follows:

(a) South Carolina Association of Public Charter Schools--the president or his designee and one additional representative from the association;

(b) South Carolina Association of School Administrators--the executive director or his designee;

(c) South Carolina Chamber of Commerce--the executive director or his designee and one additional representative from the chamber;

(d) South Carolina Education Oversight Committee--the chair or a business designee;

(e) South Carolina Commission on Higher Education--the chair or his designee;

(f) South Carolina School Boards Association--the executive director or his designee;

(g) South Carolina Alliance of Black Educators--the president or his designee; and

(h) One teacher and one parent to be appointed by the State Superintendent of Education.

(2) As an application is reviewed, a representative from the local school board of trustees of the affected school districtfrom which the committee is seeking sponsorship and a representative of the charter committee shall serve on the advisory committee as ex officio nonvoting members. If the applicant indicates a proposed contractual agreement with the local school district in which the charter school is located, a representative from the local school board of trustees of that district shall serve on the advisory committee as an ex officio, nonvoting member.

(3) Appointing authorities shall give consideration to the appointment of minorities and women as representatives on the committee.

(4) The committee shall be convened by the State Superintendent of Education on or before July 1, 2002, who shall serve as interim chair. At the first meeting the membership shall elect a chairman and any other officers it deems necessary.

(5) The committee shall establish by-laws for its operation which shallmust include terms of office for its membership.

(6)(5) An applicant shall submit the application to the advisory committee and a copy to the affected school districtschool board of trustees of the district from which it is seeking sponsorship. In the case of the Carolina Public Charter School District, the applicant shall provide notice of the application to the local school board of trustees in which the charter school will be located for informational purposes only. The advisory committee shall receive input from the school district in which the applicant is seeking sponsorship and shall request clarifying information from the applicant. Within sixty days,An applicant may submit an application to the advisory committee at any time during the fiscal year and the advisory committee, within sixty days, shall determine whether the application is in compliance. An application that is in compliance must be forwarded to the school district from which the applicant is seeking sponsorship with a letter stating the application is in compliance. If the application is in noncompliance, it must be returned to the applicant with deficiencies noted. The applicant may appeal the decision to the State Board of Education.

(B) The local school board of trustees from which the applicant is seeking sponsorship shall rule on the application for a charter school in a public hearing, upon reasonable public notice, within thirty days after receiving the application. If there is no ruling within thirty days, the application is considered approved. Once the application has been approved by the school board of trustees, the charter school may open at the beginning of the following year.

(C) A local school district board of trustees shall only shall deny an application if the application does not meet the requirements specified in Section 59-40-50 or 59-40-60, fails to meet the spirit and intent of this chapter, or adversely affects, as defined in regulation, the other students in the district in which the charter school is to be located. It shall provide, within ten days, a written explanation of the reasons for denial, citing specific standards related to provisions of Section 59-40-50 or 59-40-60 that the application violates. This written explanation immediately shallmust be sent to the charter committee and filed with the State Board of Education and the Charter School Advisory Committee.

(D) In the event that the racial composition of an applicant's or charter school's enrollment differs from the enrollment of the local school district in which the charter school is to be located or the targeted student population of the local school district by more than twenty percent, despite its best efforts, the local school district board of trustees from which the applicant is seeking sponsorship shall consider the applicant's or the charter school's recruitment efforts and racial composition of the applicant pool in determining whether the applicant or charter school is operating in a nondiscriminatory manner. A finding by the local school district board of trustees that the applicant or charter school is operating in a racially discriminatory manner may justify the denial of a charter school application or the revocation of a charter as provided hereinin this section or in Section 59-40-110, as may be applicable. A finding by the local school district board of trustees that the applicant is not operating in a racially discriminatory manner shall justifyjustifies approval of the charter without regard to the racial percentage requirement if the application is acceptable in all other aspects.

(E) If the local school district board of trustees from which the applicant is seeking sponsorship denies a charter school application, the charter applicant may appeal the denial to the State Board of Education pursuant to Section 59-40-90.

(F) If the local school district board of trustees approves the application, it becomes the charter school's sponsor and shall sign the approved application which constitutes a contract with the charter committee of the charter school. A copy of the charter must be filed with the State Board of Education.

Section 59-40-80. A local school boardsponsor may conditionally authorize a charter school before the applicant has secured its space, equipment, facilities, and personnel if the applicant indicates such authority is necessary for it to meet the requirements of this chapter. Conditional authorization does not give rise to any equitable or other claims based on reliance, notwithstanding any promise, parole, written, or otherwise, contained in the authorization or acceptance of it, whether preceding or following the conditional authorization.

Section 59-40-90. (A) The State Board of Education, upon receipt of a notice of appeal or upon its own motion, shall review a decision of any local school board of trustees concerning charter schools in accordance with the provisions of this section.

(B) A charter applicant who wishes to appeal an adverse decision shall provide the State Board of Education and the local school board of trustees issuing the decision with a notice of appeal within ten days of the local board's decision.

(C) If the notice of appeal or the motion to review by the State Board of Education relates to a local board's decision to deny, refuse to renew, or revoke a charter, the appeal and review process must be as contained in this section. Within thirty days after receipt of the notice of appeal or the making of a motion to review by the State Board of Education and after reasonable public notice, the State Board of Education, at a public hearing which may be held in the district where the proposed charter school is located, shall review the decision of the local school board of trustees and make its findings known. The state board may affirm or reverse the application for action by the local board in accordance with an order of the state board.

(D) A final decision of the state board may be appealed by any party to the circuit court for the county in which the proposed charter school is or was to have located.

Section 59-40-100. (A) An existing public school may be converted into a charter school if two-thirds of the faculty and instructional staff employed at the school and two-thirds of all voting parents or legal guardians of students enrolled in the school agree to the filing of an application with the local school board of trustees for the conversion and formation of that school into a charter school. All parentsParents or legal guardians of students enrolled in the school must be given the opportunity to vote on the conversion. Parents or guardians of a student shall have one vote for each student enrolled in the school seeking conversion. The application must be submitted pursuant to Section 59-40-70(A)(6) by the principal of that school or his designee who must be considered the applicant. The application must include all information required of other applications pursuant to this chapter. The local school board of trustees shall approve or disapprove this application in the same manner it approves or disapproves other applications.

(B) A converted charter school shall offer at least the same grades, or nongraded education appropriate for the same ages and education levels of pupils, as offered by the school immediately before conversion, and also may provide additional grades and further educational offerings.

(C) All students enrolled in the school at the time of conversion must be given priority enrollment.

(D) Teachers and other employees of a converted school who desire to teach or work at the converted school may do so but shall remain employees of the local school district with the same compensation and benefits including any future increases. The converted charter school quarterly shall reimburse the local school district for the compensation and employer contribution benefits paid to or on behalf of these teachers and employees. The provisions of Article 5, Chapter 25 of Title 59 apply to the employment and dismissal of teachers at a converted school.

(E)The Carolina Public Charter School District may not sponsor a public school to convert to a charter school.

Section 59-40-110. (A) A charter may be approved or renewed for a period of five school years; however, the charter may be revoked or not renewed under the provisions of subsection (C) of this section.

(B) A charter renewal application must be submitted to the school's sponsor, and it must contain:

(1) a report on the progress of the charter school in achieving the goals, objectives, pupil achievement standards, and other terms of the initially approved charter application; and

(2) a financial statement that discloses the costs of administration, instruction, and other spending categories for the charter school that is understandable to the general public and that allows comparison of these costs to other schools or other comparable organizations, in a format required by the State Board of Education.

(C) A charter must be revoked or not renewed by the sponsor if it determines that the charter school:

(1) committed a material violation of the conditions, standards, or procedures provided for in the charter application;

(4) violated any provision of law from which the charter school was not specifically exempted.

(D) At least sixty days before not renewing or terminating a charter school, the sponsor shall notify in writing the charter school's governing body of the proposed action. The notification shall state the grounds for the proposed action in reasonable detail. Termination must follow the procedure provided for in this section.

(E) The charter school's governing body may request in writing a hearing before the sponsor within fourteen days of receiving notice of nonrenewal or termination of the charter. Failure by the school's governing body to make a written request for a hearing within fourteen days must be treated as acquiescence to the proposed action. Upon receiving a timely written request for a hearing, the sponsor shall give reasonable notice to the school's governing body of the hearing date. The sponsor shall conduct a hearing before taking final action. The sponsor shall take final action to renew or not renew a charter by the last day of classes in the last school year for which the charter school is authorized.

(F) A decision to revoke or not to renew a charter school may be appealed to the state board pursuant to the provisions of Section 59-40-90.

Section 59-40-115.A charter school may terminate its contract with a sponsor before the five-year term of contract if all parties under contract with the charter school agree to the dissolution. A charter school that terminates its contract with a sponsor directly may seek application for the length of time remaining on its original contract from another sponsor without review from the Charter School Advisory Committee.

Section 59-40-120. Upon dissolution of a charter school, its assets may not inure to the benefit of any private person. Any assets obtained through restricted agreements with a donor through awards, grants, or gifts must be returned to that entity. All other assets become property of the sponsor.

Section 59-40-130. (A) If an employee of a local school district makes a written request for a leave to be employed at a charter school, the school district shall grant the leave for up to five years as requested by the employee. The school district may require that the request for leave or extension of leave be made by the date provided for by state law for the return of teachers' contracts. Employees may return to employment with the local school district at its option with the same teaching or administrative contract status as when they left but without assurance as to the school or supplemental position to which they may be assigned.

(B) During a leave, the employee may continue to accrue benefits and credits in the South Carolina Retirement System by paying the employee contributions based upon the annual salary of the employee, and the charter school shall pay the employer contribution. The South Carolina Retirement System may impose reasonable requirements to administer this section.

(C) The provisions of this section do not apply to teachers and other employees of a converted school whose employment relation is governed by Section 59-40-100(C).

Section 59-40-140. (A) A local school board of trustees sponsor shall distribute state, county, and school district funds to a charter school as determined by the following formula: The previous year's audited total general fund expenditures, including capital outlay and maintenance, but not including expenditures from bonded indebtedness or debt repayment must be divided by the previous year's weighted students, then increased by the Education Finance Act inflation factor, pursuant to Section 59-20-40, for the years following the audited expenditures, then multiplied by the weighted students enrolled in the charter school, which will be subject to adjustment for student attendance and state budget allocations based on the same criteria as the local school district. These amounts must be verified by the State Department of Education before the first disbursement of funds. All state and local funding must be distributed by the local school district to the charter school monthly beginning July first following approval of the charter school application.

(B) The Carolina Public Charter School District shall receive and distribute state funds to the charter school as determined by the following formula: the current year's base student cost multiplied by the weighted students enrolled in the charter school, which must be subject to adjustment for student attendance and state budget allocations. However, the Carolina Public Charter School District may not retain more than two percent of its gross revenue for its internal administrative and operating expenses.

(C) During the year of the charter school's operation, as received, and to the extent allowed by federal law, a sponsor shall distribute to the charter school federal funds which are allocated to the local school district on the basis of the number of special characteristics of the students attending the charter school. These amounts must be verified by the State Department of Education before the first disbursement of funds.

(C)(D) Notwithstanding subsection (B)(C), the proportionate share of state and federal resources generated by students with disabilities or staff serving them must be directed to charter schoolsthe school district board of trustees. The proportionate share of funds generated under other federal or state categorical aid programs must be directed to charter schoolsthe school district board of trustees serving students eligible for the aid.

(D)(E) All services centrally or otherwise provided by the school districtsponsor or local school district, if any, including, but not limited to, food services, custodial services, maintenance, curriculum, media services, libraries, and warehousing are subject to negotiation between a charter school and the school districtsponsor or local school district.

(E)(F) All awards, grants, or gifts collected by a charter school must be retained by the charter school.

(F)(G) The governing body of a charter school is authorized to accept gifts, donations, or grants of any kind made to the charter school and to expend or use the gifts, donations, or grants in accordance with the conditions prescribed by the donor. NoA gift or donation shallmust not be required for admission. However, noa gift, donation, or grant maymust not be accepted by the governing board if subject to anya condition contrary to law or contrary to the terms of the contract between the charter school and the governing body. All gifts, donations, or grants must be reported to the local school districtsponsor in their annual audit report as required in Section 59-40-50(B)(3).

(G)(H) A charter school shall report to its sponsor and the Department of Education any change to information provided under its application. In addition, a charter school shall report at least annually to its sponsor and the department all information required by the sponsor or the department and including, at a minimum, the number of students enrolled in the charter school, the success of students in achieving the specific educational goals for which the charter school was established, and the identity and certification status of the teaching staff.

(H)(I) The sponsor shall provide technical assistance to persons and groups preparing or revising charter applications at no expense.

(I)(J) Charter schools may acquire by gift, devise, purchase, lease, sublease, installment purchase agreement, land contract, option, or by any other means, and hold and own in its own name buildings or other property for school purposes, and interests in it which are necessary or convenient to fulfill its purposes.

(J)(K) Charter schools are exempt from all state and local taxation, except the sales tax, on their earnings and property. Instruments of conveyance to or from a charter school are exempt from all types of taxation of local or state taxes and transfer fees.

(K)For those charter schools established on and after July 1, 2003, during the first year of its operation and upon verification by the State Department of Education that the charter school is receiving funding consistent with this chapter, the local school district shall receive through a state reserve fund established by the General Assembly beginning with fiscal year 2003-2004 an amount equivalent to the base student cost times a 1.0 weighted pupil unit for each student enrolled in the charter school who was enrolled in another noncharter public school in the district on the one hundred thirty-fifth day of the previous school year. The reserve fund shall be available only when the charter school is not initiated or operated by the district. Upon the filing of a charter school application, the State Department of Education must verify to the Charter School Advisory Committee and the affected school district that adequate funds are in the state reserve fund to meet this requirement.

Section 59-40-145. A child who resides in a school district other than the one where a charter school is located may attend a charter school outside his district of residence; however, the receiving charter school shall have authority to grant or deny permission for the student to attend pursuant to Sections 59-40-40(2)(b) and 59-40-50(B)(7) and (8) according to the terms of the charter after in-district children have been given priority in enrollment. However, the out-of-district enrollment shall not exceed twenty percent of the total enrollment of the charter school without the approval of the sponsoring district board of trustees. The district sending children to the charter school under the terms of this section must be notified immediately of the transferring students. Out-of-district students must be considered based on the order in which their applications are received. If the twenty percent out-of-district enrollment is from one school district, then the sending district must concur with any additional students transferring from that district to attend the charter school. The charter school to which the child is transferring shall be eligible for state and federal funding according to the formula defined in Section 59-40-140(A), (B), and (C), as applicable. However, this section does not apply to a charter school sponsored by the Carolina Public Charter School District Board of Trustees.

Section 59-40-150. (A) The Department of Education shall disseminate information to the public, directly and through sponsors, on how to form and operate a charter school and how to utilize the offerings of a charter school.

(B) At least annually, the department shall provide upon request a directory of all charter schools authorized under this chapter with information concerning the educational goals of each charter school, the success of each charter school in meeting its educational goals, and procedures to apply for admission to each charter school.

(C) The department shall bear the cost of complying with this section.

Section 59-40-160. (A) The State Board of Education shall compile evaluations, to include, but not be limited to, school report cards, of charter schools received from local school boards of trusteessponsors. They shall review information regarding the regulations and policies from which charter schools were released to determine if the releases assisted or impeded the charter schools in meeting their stated goals and objectives.

(B) The State Board of Education shall review the implementation and effectiveness of this chapter, review comprehensive reports issued by local school boards concerning successes or failures of charter schools, report to the Governor and General Assembly interim results by July 1, 1998, and issue a final report and recommendations to the Governor and General Assembly during the fifth year after the effective date of this chapter.

(C)In preparing the report required by this section, the State Board of Education shall compare the academic performance of charter school pupils with the performance of ethnically and economically comparable groups of pupils in other public schools who are enrolled in academically comparable courses.

(D) An impact study shall be conducted by the State Board of Education two years after the implementation of the Charter School Advisory Committee review process to determine the effectiveness of the application process.

Section 59-40-170. The Department of Education shall make available, upon request, a list of vacant and unused buildings and vacant and unused portions of buildings that are owned by school districts in this State and that may be suitable for the operation of a charter school. The department shall make the list available to applicants for charter schools and to existing charter schools. The list must include the address of each building, a short description of the building, and the name of the owner of the building. Nothing in this section requires the owner of a building on the list to sell or lease the building or a portion of the building to a charter school or to any other school or to any other prospective buyer or tenant. However, if a school district declares a building surplus and chooses to sell or lease the building, a charter school's board of directors or a charter committee operating or applying within the district must be given the first refusal to purchase or lease the building under the same or better terms and conditions as it would be offered to the public.

Section 59-40-180. The State Board of Education shall promulgate regulations and develop guidelines necessary to implement the provisions of this chapter, including standards which the Charter School Advisory Committee shall use to determine compliance with this chapter and an application process to include a timeline for submission of applications that will allow for final decisions, including state board appeal, by December first of the year preceding the charter school's opening.

Section 59-40-190. (A) The governing body of a charter school may sue and be sued. The governing body may not levy taxes or issue bonds.

(B) A sponsor is not liable for any of the debts of the charter school.

(C) A sponsor, members of the board of a sponsor, and employees of a sponsor acting in their official capacity are immune from civil or criminal liability with respect to all activities related to a charter school they sponsor. The governing body of a charter school shall obtain at least the amount of and types of insurance required for this purpose.

Section 59-40-200. Notwithstanding any other provision of this chapter, charter schools with conditional charters, with applications pending with local school district boards, or with planning-implementation grants supported by the Public Charter Schools Grant Program whose timelines stipulate having charter applications approved prior to December 1, 2003, shall apply directly to the local school district board of trustees without review by the charter school advisory committee.An application already on file with the charter school advisory committee before the effective date of Section 59-40-220 is subject to the timeline in effect at the time the application was filed. An application filed after the effective date of Section 59-40-220 is subject to the new time lines established pursuant to this chapter.

Section 59-40-210. RESERVED.

Section 59-40-220.(A)The Carolina Public Charter School District is created as a public body. The Carolina Public Charter School District must be considered a local education agency and is eligible to receive state and federal funds and grants available for public charter and other schools. The Carolina Public Charter School District must not have a local tax base and may not receive local property taxes.

(B)The geographical boundaries of the Carolina Public Charter School District are the same as the boundaries of the State of South Carolina.

Section 59-40-230.(A)The Carolina Public Charter School District must be governed by a board of trustees consisting of not more than nine members:

(1)three appointed by the Governor;

(2)three appointed by the Speaker of the House of Representatives; and

(3)three appointed by the President Pro Tempore of the Senate.

Each member of the board of trustees shall serve a term of three years, except that, for the initial members, one appointed by the Governor, the Speaker of the House, and the President Pro Tempore of the Senate shall serve a term of one year and one appointed by the Governor, the Speaker of the House, and the President Pro Tempore of the Senate shall serve a term of two years. A member of the board may be removed after appointment pursuant to Section 1-3-240. In making appointments, every effort must be made to insure that all geographic areas of the State are represented and that the membership reflects urban and rural areas of the State as well as the ethnic diversity of the State.

(B)The Carolina Public Charter School District Board of Trustees has the same powers, rights, and responsibilities as other school district boards of trustees of this State including, but not limited to, sponsoring charter schools and applying for federal charter school grants, except that the Carolina Public Charter School District Board of Trustees may not offer application for a charter school, issue bonds, or levy taxes.

(C)The Carolina Public Charter School District Board of Trustees annually shall elect a chairman and other officers as it considers necessary from among its membership.

(D)Members of the Carolina Public Charter School District Board of Trustees are not eligible to receive compensation but are eligible for per diem, mileage, and subsistence as provided by law for members of state boards, committees, and commissions.

(E)The Carolina Public Charter School District Board of Trustees shall:

(1)exercise general supervision over public charter schools sponsored by the district;

(2)grant charter status to qualifying applicants for public charter schools pursuant to this chapter;

(3)adopt and use an official seal in the authentication of its acts;

(4)keep a record of its proceedings;

(5)adopt rules of governance;

(6)determine the policy of the district and the work undertaken by it;

(7)prepare a budget for expenditures necessary for the proper maintenance of the board and the accomplishment of its purpose;

(8)keep financial records in accordance with state and federal accounting codes and procedures;

(9)comply with and ensure compliance of applicable state and federal regulations;

(10)procure an outside annual certified financial audit on funds and submit to the State Department of Education as required;

(11)be subject to the Freedom of Information Act.

(F)The Carolina Public Charter School District Board of Trustees may contract, sue, and be sued.

Section 59-40-240. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this chapter is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this chapter, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective."
SECTION 2. This act takes effect upon approval by the Governor. /
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Rep. SCARBOROUGH proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\12479AC04), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered Section to read:
/SECTION __. (A)(1) The board of directors of a charter school in a Charleston County school district may authorize or order the expulsion, suspension, or transfer of a student for the commission of a crime, gross immorality, gross misbehavior, persistent disobedience, or for violation of adopted rules and promulgated regulations established by the board of directors of the charter school, the county board, or the State Board of Education, or when the presence of the student is detrimental to the best interest of the school. An expelled student may petition for readmission for the next school year. Expulsion or suspension prohibits a student from attending day or night school functions, riding a school bus, or entering the school or school grounds, except for a prearranged conference with an administrator. This subsection does preclude enrollment and attendance in an adult or night school.

(2) If a procedure for expulsion is initiated, the parent or legal guardian of the student must be notified in writing of the time and the place of a hearing before the board or the board's designated person or committee. At the hearing the parent or legal guardian has the right to legal counsel and to other reasonable legal rights, including the right to question witnesses. If the hearing is held by an authority other than the board of directors of the charter school, the right to appeal the decision to the board is reserved to either party. The hearing must take place within fifteen days of the written notification at a time and place designated by the board and a decision rendered within ten days of the hearing. The student may be suspended from school and school activities during the time of the expulsion procedures. A student, parent, or legal guardian may appeal to the county board within ten days of expulsion. The action of the board may be appealed to the proper court. The board permanently may expel an incorrigible student.

(3) The board or a designated administrator may transfer a student to another school instead of suspension or expulsion only after a conference or hearing with the parent or legal guardian. The parent or legal guardian may appeal to the board a transfer made by an administrator.

(4) The board of directors of the charter school shall expel for at least one year a student who brings a firearm to a school or another site under the jurisdiction of a local board of trustees or board of directors. The expulsion must follow the procedures established pursuant to this subsection. The one-year expulsion is subject to modification by the district superintendent of education on a case-by-case basis. A student expelled pursuant to this item may receive educational services in an alternative setting. The board of directors of a charter school shall establish a policy requiring a student so expelled to be referred to the Charleston County office of the Department of Juvenile Justice or its representative.

(5) The board of directors of a charter school may not authorize or order the expulsion, suspension, or transfer of a student for a violation of Section 59-150-250(B) of the 1976 Code.

(B)(1) In determining if a student meets the standards of conduct and behavior promulgated by the board of directors of the charter school necessary for first-time enrollment and attendance in a charter school, the board shall consider nonschool records, the student's disciplinary records in a school in which the student was enrolled previously as these records relate to the adjudication of delinquency in a jurisdiction, within or without Charleston County and this State, of violations or activities which constitute violent crimes pursuant to Section 16-1-60 of the 1976 Code, and adjudications for assault and battery of a high and aggravated nature, the unlawful use or possession of weapons, or the unlawful sale of drugs, whether or not considered to be drug trafficking. Based on this consideration of the student's record, the board may bar his enrollment in the charter school.

(2) If the board bars a student from enrolling pursuant to this subsection, the board shall provide notice to the student's parent or legal guardian, and the student is entitled to a hearing and other procedural rights afforded pursuant to state law to a student subject to expulsion.

(3) The bar to enrollment allowed by this subsection applies for a maximum of one year. After the bar is lifted, a student may reapply for enrollment, and the board shall order the student enrolled if he otherwise meets enrollment criteria.

(C)(1) The board of directors of a charter school in a Charleston County school district may confer upon an administrator the authority to suspend a student from a teacher's class or from the school for not more than ten days for an offense and for not more than thirty days in a school year. The board shall approve the administrative suspension of a student from school during the last ten days of a year if the suspension makes the student ineligible to receive credit for the school year, unless the presence of the student constitutes an actual threat to a class or a school or a hearing is granted within twenty-four hours of the suspension.

(2) If a student is suspended from a class or a school, the administrator shall notify his parent or legal guardian in writing, giving the reason for the suspension and setting a time and place that the administrator is available for a conference with the parent or legal guardian. The conference must be set within three days of the date of the suspension. After the conference, the parent or legal guardian may appeal the suspension to the board of directors of the charter school or to its authorized agent.

(D) The board of directors of the charter school may provide corporal punishment it considers just and proper for a student.

(E) The board of directors of a charter school may regulate, control, or prohibit clubs or other activities on school property or during school hours.

(F)(1) For purposes of this subsection:

(a) 'Student' means a person enrolled in a charter school.

(b) 'Superior student' means a person who has attended the charter school longer than another person or who has an official position giving authority over another student.

(c) 'Subordinate student' means a person who attends a charter school and is not a 'superior student' as defined in subitem (b).

(d) 'Hazing' means the wrongful striking, laying open hand upon, threatening with violence, or offering to do bodily harm by a superior student to a subordinate student with the intent to punish or injure the subordinate student, or other unauthorized treatment by the superior student of a subordinate student of a tyrannical, abusive, shameful, insulting, or humiliating nature.

(2) Hazing at a charter school in a Charleston County school district is prohibited. If an investigation discloses substantial evidence that a student has committed an act of hazing, the student must be dismissed, expelled, suspended, or punished as the principal considers appropriate.

(3) The provisions of this section are in addition to the provisions of Article 6, Chapter 3, Title 16 of the 1976 Code.

(G)(1)The board of directors of a charter school in a Charleston County school district shall adopt rules that address student possession of a paging device. This rule must be included in the school's written conduct standards. If the rule includes confiscation of the paging device, it must provide for the return of the device to the owner.

(2) For purposes of this subsection, 'paging device' means a telecommunications device, to include a mobile telephone that emits an audible signal, vibrates, displays a message, or otherwise summons or delivers a communication to the possessor, as defined in Section 59-63-280(A) of the 1976 Code.

(H) If a charter school in a Charleston County school district suspends or expels a student, the board of directors of the charter school may refuse admission to the student.

(I)(1) For purposes of this subsection, "facilities" means the building or buildings and premises used by a public school before it converts to a charter school pursuant to Section 59-40-100 of the 1976 Code.

(2) An existing public school in a Charleston County school district that converts into a charter school pursuant to Section 59-40-100 of the 1976 Code may continue to utilize the facilities used before its charter conversion without a requirement by the school district that the converted charter school lease or purchase the facilities. An existing public school that converts into a charter school pursuant to Section 59-40-100 of the 1976 Code must not be required by the school district, as a consideration of its right to continue to use the facilities, to pay rent, a purchase price, or other compensation for the facilities it used before its charter conversion. A converted charter school in a Charleston County school district is exempt from the payment of rent or other compensation to the school district for the use of the facilities.

(3) A decision or dispute regarding the use by a converted public school of the facilities it used before its charter conversion may be appealed to the state board pursuant to Section 59-40-90 of the 1976 Code./
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POINT OF ORDER

Rep. J. H. NEAL raised the Point of Order that Amendment No. 2 was out of order in that it dealt with a local issue and H. 5080 was a statewide Bill.
SPEAKER WILKINS stated that although under Rule 9.6 local Bills cannot deal with statewide issues, statewide Bills can deal with local issues and he overruled the Point of Order.

Rep. SCARBOROUGH explained the amendment.

Rep. SCARBOROUGH moved to table the amendment, which was agreed to.

Rep. TOWNSEND proposed the following Amendment No. 3 (Doc Name COUNCIL\BBM\10266SJ04), which was adopted:
Amend the bill, as and if amended, Section 59-40-140(B) as contained in SECTION 1, by deleting the subsection in its entirety and inserting:

/ (B) The Carolina Public Charter School District shall receive and distribute state funds to the charter school as determined by the following formula: the current year's base student cost, as funded by the General Assembly, multiplied by the weighted students enrolled in the charter school, which must be subject to adjustment for student attendance and state budget allocations. However, the Carolina Public Charter School District may not retain more than two percent of its gross revenue for its internal administrative and operating expenses. /
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Rep. TOWNSEND explained the amendment.

Rep. WALKER spoke in favor of the amendment.
Rep. GOVAN spoke against the amendment.
Rep. GOVAN spoke against the amendment.

Rep. QUINN moved cloture on the entire matter.

Rep. QUINN demanded the yeas and nays which were taken, resulting as follows:

Rep. TOWNSEND proposed the following Amendment No. 4 (Doc Name COUNCIL\BBM\10261SJ04), which was tabled:
Amend the bill, as and if amended, Section 59-40-140(C) as contained in SECTION 1, by deleting the subsection in its entirety and inserting:

/ (C) During the year of the charter school's operation, as received, and to the extent allowed by federal law, a sponsor shall distribute to the charter school state and federal funds which are allocated to the local school district on the basis of the number of special characteristics of the students attending the charter school. The State is not responsible for transportation costs associated with charter schools. These amounts must be verified by the State Department of Education before the first disbursement of funds. /
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Rep. TOWNSEND explained the amendment.

Rep. ALTMAN spoke against the amendment.

Rep. TOWNSEND moved to table the amendment, which was agreed to.

Rep. MOODY-LAWRENCE spoke against the Bill.
Rep. WHIPPER spoke against the Bill.

ACTING SPEAKER CATO IN CHAIR

Rep. WHIPPER continued speaking.
Rep. ANTHONY spoke against the Bill.
Rep. COBB-HUNTER spoke against the Bill.
Rep. MACK spoke against the Bill.
Rep. GOVAN spoke against the Bill.

SPEAKER IN CHAIR

Rep. GOVAN continued speaking.
Rep. CLYBURN spoke against the amendment.
Rep. SCARBOROUGH spoke in favor of the Bill.
Rep. WALKER spoke in favor of the Bill.

Rep. GOVAN moved to adjourn debate on the Bill.

Rep. WALKER moved to table the motion.

Rep. GOVAN demanded the yeas and nays which were taken, resulting as follows:

So, the Bill, as amended, was read the second time and ordered to third reading.

H. 5027--RECONSIDERED, AMENDED AND DEBATE ADJOURNED

Rep. HARRELL moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to:

H. 5027 (Word version) -- Reps. Harrell, W. D. Smith, Merrill, Clemmons, Cooper, Altman, Barfield, Cato, Ceips, Chellis, Duncan, Edge, Gilham, Hayes, Herbkersman, Keegan, Limehouse, Miller, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "UNIFORM AND FAIR GOLF COURSE VALUATION ACT OF 2004" BY ADDING SECTION 12-43-365 SO AS TO PROVIDE FOR THE MANNER IN WHICH THE FAIR MARKET VALUE OF GOLF COURSE REAL PROPERTY IS DETERMINED FOR AD VALOREM TAX PURPOSES AND THE PROCEDURES WHICH APPLY WITH RESPECT TO THIS DETERMINATION.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\21196SD04), which was adopted:
Amend the bill, as and if amended, in Section 12-43-365(A)(1) of the 1976 Code, as contained in SECTION 2, by adding the following new sentence at the end of item (1) to read:
/For purposes of this section, golf course real property has a value of five hundred dollars an acre. /
When amended Section 12-43-365(A)(1) shall read:

"(1) 'Golf course real property' means all parcels owned by a golf course owner constituting in the aggregate the golf operation which includes the golf course, clubhouse, tennis facilities, swimming pools, maintenance facilities, cart storage facilities, driving range, wetlands, drainage areas, pumping stations, parking lots, golf course entry roadways from public highways, and irrigation and effluent disposal areas associated with a golf operation. For purposes of this section, golf course real property has a value of five hundred dollars an acre."/
Amend further, as and if amended, by striking subsection (B) of Section 12-43-365 of the 1976 Code, as contained in SECTION 2 and inserting:
/ (B) The fair market value of golf course real property for ad valorem tax purposes is five hundred dollars per acre plus gross revenue multiplied by the gross revenue multiplier. /
Amend further, as and if amended, by adding a new section appropriately numbered to read:
/SECTION ____. Section 12-54-240(B) of the 1976 Code, as last amended by Act 69 of 2003, is further amended by adding an appropriately numbered item at the end to read:

"( ) disclosure of information on any returns filed with the department to a county assessor pursuant to Section 12-43-365(C)." /
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Rep. COTTY explained the amendment.

POINT OF ORDER

Rep. J. E. SMITH raised the Point of Order that H.5027 was out of order under Code Section 4-9-55 in that the Bill required a two-thirds vote by the members of the House. He stated further that the Bill was out of order in accordance with the ruling of a similar Point of Order raised in April of 2000.
SPEAKER WILKINS stated that the Bill did not reduce the authority that counties have to raise revenues in the aggregate. He cited to the fiscal impact statement which stated that the local governments could raise millage to make up the potential difference in revenue. He therefore overruled the Point of Order.
Rep. COTTY continued speaking.

Rep. SCOTT moved to table the amendment.

Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:

Rep. HARRELL moved to adjourn debate on the Bill until Thursday, April 29, which was agreed to.

H. 4440--RECONSIDERED, AMENDED AND ORDERED TO THIRD READING

Rep. HARRELL moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to:H. 4440 (Word version) -- Reps. Limehouse, Clemmons, Altman and Bales: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF A MOTOR HOME AS REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXES AND THE REQUIREMENTS NECESSARY FOR THAT CLASSIFICATION, SO AS TO INCLUDE BOATS WITHIN THE CLASSIFICATION IF THEY MEET THE SAME REQUIREMENTS, AND TO PROVIDE A CAP ON THE MAXIMUM AD VALOREM TAXATION WHICH MAY BE LEVIED ON SUCH A BOAT FOR ANY YEAR.

Rep. QUINN proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\21213SD04), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ___. Section 12-37-220(B) of the 1976 Code, as last amended by Act 69 of 2003, is further amended by adding an appropriately numbered item to read:

"( ) Beginning with calendar year 2004, the maximum amount of ad valorem taxation for any year which may be imposed on any boat and motor required to be registered, numbered, and titled under the laws of this State is one thousand five hundred dollars." /
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Rep. HARRELL explained the amendment.

Rep. SCOTT spoke against the amendment.
Rep. SIMRILL spoke in favor of the amendment.

Rep. SCOTT moved to table the amendment.

Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:

The question then recurred to the adoption of the amendment, which was agreed to.

POINT OF ORDER

Rep. J. E. SMITH raised the Point of Order that H.4440 was out of order under Code Section 4-9-55 in that the Bill required a two-thirds vote by the members of the House since it reduced the authority that counties have to raise revenues in the aggregate by placing a direct cap on local county ad valorem taxes on boats.
SPEAKER WILKINS stated that the Bill did not reduce the authority that counties have to raise revenue in the aggregate. He stated that counties retained the authority to raise millage rates and shift the tax revenue to other sources. He therefore overruled the Point of Order.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

So, the Bill, as amended, was read the second time and ordered to third reading.

Rep. SCOTT moved that the House do now adjourn, which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5163 (Word version) -- Reps. M. Hines and Hayes: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. RUBY BLUE PAGE OF DILLON, SOUTH CAROLINA, FOR WINNING THE PRESTIGIOUS NATIONAL HEAD START ASSOCIATION "STAFF OF THE YEAR" AWARD.

H. 5164 (Word version) -- Reps. M. Hines and Battle: A CONCURRENT RESOLUTION TO CONGRATULATE MR. EDDIE WASHINGTON OF MARION, SOUTH CAROLINA, FOR WINNING THE PRESTIGIOUS NATIONAL HEAD START ASSOCIATION "FATHER OF THE YEAR" AWARD.

H. 5168 (Word version) -- Rep. Rutherford: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE DOUBLE DUTCH FORCES OF COLUMBIA FOR THEIR OUTSTANDING ACCOMPLISHMENTS AS THE NATIONAL, WORLD, AND INTERNATIONAL CHAMPIONS, AND TO WISH THE MEMBERS MUCH SUCCESS IN THEIR FUTURE ENDEAVORS.

H. 5169 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE KYLE MITCHELL WAY OF WALTERBORO FOR OBTAINING THE ELITE RANK OF EAGLE SCOUT WITH THE BOY SCOUTS OF AMERICA AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

H. 5170 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION APPLAUDING THE CHOICE OF COLUMBIA MAYOR ROBERT D. (BOB) COBLE BY THE GREATER COLUMBIA CHAMBER OF COMMERCE AS THE 2004 AMBASSADOR OF THE YEAR, AND JOINING IN THE OPPORTUNITY TO RECOGNIZE AND EXPRESS APPRECIATION FOR HIS VISIONARY CONTRIBUTIONS TO THE CITY OF COLUMBIA, RICHLAND COUNTY, AND THE STATE OF SOUTH CAROLINA.

H. 5171 (Word version) -- Reps. Lourie and McLeod: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND AMANDA HELEN PENNEKAMP FOR BEING CROWNED MISS SOUTH CAROLINA USA AND TO EXTOL HER FOR HER OUTSTANDING REPRESENTATION OF THE STATE IN THE MISS USA PAGEANT.

ADJOURNMENT

At 7:05 p.m. the House, in accordance with the motion of Rep. CEIPS, adjourned in memory of Belle Heape of Beaufort, to meet at 10:00 a.m. tomorrow.

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